• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.97-115
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• 2013

The world-wide principal criteria of aircraft operations is ICAO Annex 6. Operations of Aircraft. Among ICAO Annex 6, Part I is for International Commercial Air Transport - Aeroplanes and it assumes major part of civil aviation. ICAO has been providing Contracting States with SARPs(Standards and Recommended Practices) and monitor each State's reflection degree into their domestic air law, so-called USOAP(Universal Safety Oversight Audit Program). Current ICAO USOAP is Snap-shot method, but it will be changed to USOAP-CMA method from the year of 2013. ICAO USOAP results have overall effects on national aviation industry such as routes, insurance, airlines cooperation and so forth. Low grades of results attract international attention and that leads to flag carrier's operation stoppage, route restriction, airlines cooperation restriction, insurance increase directly or indirectly. Thus it is important to get excellent grades in ICAO USOAP and to maintain confidence. Our government ranked top to get 98.89 grades in 2008 ICAO USOAP but after 2008 the revised provisions have not been reflected sufficiently into our air law. So I would like to grip reflection ratio of ICAO Annex 6 Part I into our domestic air law by using the most updated revised edition on this paper. Together I would like to suggest alternatives for the non-reflected and partially reflected.

• Journal of Aerospace System Engineering
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• v.14 no.3
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• pp.32-41
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• 2020

The International Civil Aviation Organization (ICAO) in 2015 proposed a road-map for the global recognition system of the Approved Maintenance Organization (AMO) fto mitigate the redundant work and regulatory burdens of the aviation industry and authorities on the certification and oversight activities of the State of Registry. Since then, the ICAO standards and guidelines have been revised accordingly with the goal of implementing the system in 2024. Korea should actively prepare for this AMO global recognition system to cope with the ICAO road-map appropriately as well as to develop the Maintenance Repair Overhaul (MRO) industry. Thus, this paper focused on the ratings and limitations system, a key element of the AMO, and proposes the improvement of domestic regulatory/administrative rules necessary for the global recognition system, through the review of newly established ICAO standards/guidelines and the comparative analysis of leading aviation countries' and Korean system/requirements.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.31-64
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• 2015

The Chicago Convention and Annexes have become the basis of aviation safety regulations for every contracting state. Generally, aviation safety regulations refer to the SARPs provided in the Annexes of the Chicago Convention. In order to properly reflect international aviation safety regulations, constant studies of the aviation fields are of paramount importance. Treaties duly concluded and promulgated under the Constitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea. Each contracting state to the Chicago Convention should meet ICAO SARPs about AOC and FAOC. According to ICAO SARPs, Civil Aviation Authorities shall issue AOC to air carriers of the state, but don't require to issue for foreign air carrier. However some contracting states of the Chicago Convention issue FAOC and/or Operations Specifications for the foreign operators. This FAOC is being expanded from USA to the other contracting states. Foreign operators have doubly burden to implement AOC of the ICAO SARPs because FAOC is an additional requirement other than that prescribed by the ICAO SARPs In Article 33, the Chicago Convention stipulates that each contracting state shall recognize the validity of the certificates of airworthiness and licenses issued by other contracting states as long as they are equal to or above the minimum standards of the ICAO. In ICAO Annex 6, each contracting state shall recognize as valid an air operator certificate issued by another contracting state, provided that the requirements under which the certificate was issued are at least equal to the applicable Standards specified in this Annex. States shall establish a programme with procedures for the surveillance of operations in their territory by a foreign operator and for taking appropriate action when necessary to preserve safety. Consequently, it is submitted that the unilateral action of the states issuing the FAOC to the foreign air carriers of other states is against the Convention. Hence, I make some proposals on the FAOC as an example of comprehensive problem solving after comparative study with ICAO SARPs and the contracting state's regulations. Some issues must be improved and I have made amendment proposals to meet ICAO SARPs and to strengthen aviation development. Operators should be approved by FAOC at most 190 if all states require FAOC. Hence, it is highly recommended to eliminate the FAOC or reduce the restrictions it imposes. In certain compliance-related issues, delayed process shall not be permitted to flight operations. In addition, it is necessary for the ICAO to provide more unified and standardized guidelines in order to avoid confusion or bias regarding the arbitrary expansion of the FAOC. For all the issue mentioned above, I have studied the ICAO SARPs and some state's regulation regarding FAOC, and suggested some proposals on the FAOC as an example of comprehensive problem solving. I hope that this paper is 1) to help understanding about the international issue, 2) to help the improvement of korean aviation regulations, 3) to help compliance with international standards and to contribute to the promotion of aviation safety, in addition.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.207-244
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• 2015

Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.24 no.4
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• pp.70-80
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• 2016

ICAO(International Civil Aviation Organization) established ICAO LPRs(Language Proficiency Requirements) which is an international standard of English for aviation to promote the aviation safety. The Republic of Korea government amended the aviation law on the 8th of November, 2005 and made EPTA(English Proficiency Test for Aviation) as a follow up action. Purpose of this research is analysing the problem of EPTA and improving it. This investigation takes a look at the current ICAO LPRs and compares the difference between EPTA and other global English proficiency requirements for aviation. The result indicated that there is a discordance between the standards of ICAO and EPTA. Also, the global English proficiency reqirements for aviation and EPTA had differences which required improvements. The study suggests to replace more job relevant questions in the EPTA and reform the level system of EPTA.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

• Spatial Information Research
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• v.13 no.3 s.34
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• pp.323-333
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• 2005

This paper shows disposal site about an airport using ICAO(International Civil Aviation Organization)and GIS(Geographic Information System). In Korea, mountains occupy above $70\%$ of the whole country centering around Baek-Du mountain range and a physical distribution system doesn't go on smoothly between east and west region. At present, disposal site about an airport follows the standard of ICAO and FAA(Federal Aviation Administration). So, it's desperately necessary to make the new standard suitable for the condition of Korea. This study analyzes major customers in the aerospace and transportation sector by considering the present condition of location of geography, atmospheric phenomena, population and transportation about Ul-Jin airport on the standard of ICAO and FAA. As the results, Gi-Sung site proposed for the airport using the existing a runway in air force has a locality road connecting a fishing and agrarian villages and is shown better than the others.

• Journal of Korean Society of Transportation
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• v.21 no.1
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• pp.7-19
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• 2003

The airspace has to be designed considering the flight safety and economic efficiency of aircraft operators. The International Civil Aviation Organization(ICAO) published standards and recommended practices for safe design of the airspace. Each contracting country must follow the ICAO standards in designing the airspace for the utilization of civil aviation. Normally each member establishes its own standards and national aviation law for the safe and efficient design of the airspace, regarding the ICAO standards. However, our government has not developed yet clear and detailed standards and regulation system for airspace design. This might lead to aviation accidents and disputes between operators of aviation system This study is to review the characteristics of ICAO standards and a legal problem related to application of international standards for airspace design. Specifically this research analyzed the case of airspace design and operation of a domestic airport. The results of analysis are as follow: (1) per the safety of civil aviation, it is very required to establish national regulation system to follow ICAO standards in designing airspace, (2) It is also necessary to establish separate procedure for civil aircraft in military air base, when the aerodrome is co-used by military and civil aircraft. If the same procedure for military aircraft is applied to civil aircraft, it is necessary to make clear what the design concept is, (3) and the differences from ICAO standards have to be publicly known.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.9 no.1
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• pp.31-44
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• 2001

This paper addresses legislation status of air route design standard of Korea. Korea Ministry of Construction and Transportation's Order Number 300 (March 28, 2001) prescribes that firstly, the design of air routes in Korea should be in accord with International Civil Aviation Organization(ICAO)'s recommendations published in Annex 11: Air Traffic Service and Procedures for Air Navigation Services: Aircraft Operations (ICAO Doc 8168-OPS, 1986), and secondly, United States Federal Aviation Administration(FAA)'s Terminal Instrument Procedures (FAA, 1976). An investigation on the current air route specifications of Korea reveals that they are in accord with neither ICAO's recommendations nor FAA's standards in that the width of Korea's air routes are narrower that the international recommendations and standards. As a member state of ICAO, it is imperative for Korea to follow the international standards. In that purposes, Korea should legislate and regulate the detail standard for air route design. For the legislation, FAA regulations are to be followed because FAA rules contains more detail specifications while ICAO recommendations includes allows a range of policy decisions, which may result in a confusion in practice.

• 한국항공운항학회:학술대회논문집
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• 2015.11a
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• pp.121-126
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• 2015

국제민간항공기구는 항공안전을 도모하는 차원에서 ICAO 항공영어제도(ICAO LPRs)의 국제 표준을 제정하였다. 이에 따라 우리나라는 2005년 11월 8일 항공법을 개정하여 항공영어능력증명시험(EPTA)을 만들었다. 본 연구는 항공영어제도의 문제점을 분석하고 개선하는데 목적이 있다. 조사는 우리 항공영어제도와 해외사례를 비교하고 문제점을 분석하였다. 연구결과, 우리 항공영어제도와 ICAO 항공영어제도, 다른 나라 항공영어제도 사이에 차이점들이 나타나고 개선이 필요한 것으로 조사되었다. 개선은 직무연관성을 보강하는 방향으로 문항개선과 등급제도 개선 방안 등을 제시하였다.