• 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.24 no.2
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• pp.105-137
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• 2009

International Civil Aviation Convention contracted in 1944 adopted International Standards and Recommended Practices(SARPs) as Annexes to Convention for safety and order of International Air Transport and each contracting State shall establish and amend the law on the basis of the SAPRs. However, Any State which find it impracticable to comply in all respects with any such SARPs, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by SARPs shall give immediate notification to the ICAO of the differences between its own practice and that established by the SARPs and ICAO publish these difference notices as a supplement to annexes. Korea and neighboring countries contracting States with International Civil Aviation Convention are accomplishing standardization of regulation on the basis of SARPs in each State. Air Law of each State need to study on the trait and differences for safety of frequent air transport services around the Korean Peninsula, However, because Korea and Neighboring countries have differences of Air Law by reason of cultural differences and circumstance of each State. Korea and Neighboring countries mean Republic of Korea, The People's Republic of China, Japan and The Domestic People's Republic of Korea and study on Air Law of each state in this study. One of purposes of this study is to analyze the history and organization of each state and then to review how establishing own air law affect air law of each state. Another purpose is to make comparative study on differences between own regulation in Korea and neighboring countries and SARPs and then to review how the differences notice of each state affect air law of each state.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.91-110
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• 2003

Aeronautical Information Service means a service established within the defined area of coverage responsible for the provision of aeronautical information/data necessary for the safety, regularity and efficiency of air navigation. Especially, in consequence of RNAV envelopment, the role and importance of aeronautical information/data has been increased constantly, therefore advanced RNP and navigation systems has been highly required simultaneously. International Civil Aviation Organization establishes SARPs to maintain aviation safety for every contracting states. Therefore, every contracting states should make an application of the aviation information and data in accordance with ICAO's SARPs, but each state is actually applied with each other regulations considered with each state's circumstance. At the result of these reason, it sometimes makes confuse to aircraft operator and effects significant aviation safety. The purpose of this study is to investigate SARPs of Annexes and rules of FAA relevant to Aeronautical Information Service(AIS), to compare them with Korean Aviation law and regulations related to AIS and then, to provide information for planing and decision-making to enhance them into the international standards.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.28 no.3
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• pp.18-26
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• 2020

Cost reduction and equality by exempting re-scanning of passengers, baggage and cargo secured from the first airport of departure, mainly in the European Union/European Economic Area(EU/EEA), Switzerland, etc. One-Stop Security(OSS) is being promoted to maintain the level of security while increasing speed and convenience, and movement is expected to expand worldwide. Therefore, this paper establishes the basic concept of OSS through a literature review of ICAO Standards and Recommended Practices(SARPs), and analyzes the actual conditions of OSS implementation in major countries such as the United States and the EU. It is intended to present the political, economic benefits for Korea and highlight the urgency of implementing the OSS system in the aviation industry including the cargo sector. Therefore, the practical implications of strengthening international cooperation through the expansion of government and airport operators OSS implementation to overcome the resource shortage problem of the existing national air cargo security system and to strengthen the status as a global aviation powerhouse were drawn up. There is academic significance that it raised the need for effective implementation of OSS, which was not previously covered.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.18 no.3
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• pp.34-41
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• 2010

'Aviation Safety' is the state 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 in the aviation field. 'Risk' is the assessed potential for adverse consequences resulting from a hazard and 'Risk assessment' involves consideration of both the frequency and the severity of any adverse consequence. This study focused on the risk frequency about a case airport which does not meet the 'Runway end safety area' requirement of ICAO SARPs and Korea standards and used 'RSA risk model' for estimating the risk frequency. As results of this study, risk frequency of the runway end safety areas in the case airport is higher than that of 'Runway end safety area' requirement of ICAO SARPs and Korea standards, which means that alternatives for risk frequency mitigation to a level as low as reasonably practicable is required in the case airport. The optimum solution analysed from this study is to impose restriction of aircraft operation when the runway condition is poor(icing condition) and also it snows in the case airport.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.205-226
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• 2018

For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.

• 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.

• 제어로봇시스템학회:학술대회논문집
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• 2003.10a
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• pp.2636-2640
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• 2003

KARI had developed an Local Area Augmentation System for aircraft precision landing as following ICAO SARPs(Standards and Recommended Practices) draft and FAA's recommended algorithm( carrier smoothing techniques). JPO in charge of managing GPS has introduced the signal structure of GPS modernization program. This paper estimates the accuracy performance of KARI-LAAS with modernized GPS signal but the same processing algorithm.

• Transactions of the KSME C: Technology and Education
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• v.4 no.2
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• pp.117-122
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• 2016

Ecumenically, RPAS(Remotely Piloted Aircraft System) operation has been increased and the related accidents also have occurred. Accordingly, national authorities, organizations and industry have been striving for amendment and enactment of policy and regulation related to the RPAS(Remotely Piloted Aircraft System) operation. And ICAO had performed the joint study to make international standards through UASSG(Unmanned Aerial System Study Group). Recently this group has been switched to the panel meeting, RPASP(Remotely Piloted Aircraft System Panel). It has been discussed to make the related annex, SARPs(Standards and Recommended Practices) and etc. in RPASP. In this paper, we investigated the trend of study and development for ICAO RPAS policy and regulation. Based on these results, we suggested considerations to prepare domestic policy and regulations.

• Journal of Advanced Navigation Technology
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• v.26 no.6
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• pp.373-379
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• 2022

KASS (korea augmentation satellite system) is an SBAS (satellite based augmentation system) that must ensure the performance of aviation service in accordance with the International Civil Aviation Organization's SARPs (standards and recommended practices) Annex 10 - Aeronautical Telecommunications. In order to guarantee the target service performance, the operating system must be operated, maintained and managed stably, and a maintenance system must be established for this purpose. From the maintenance point of view, the KASS subsystems were developed to consist of replacement units, and the maintenance organization and procedures to manage those subsystems and units were defined. In addition, the maintenance task for each the replacement unit was developed to ensure the availability performance required for the successful KASS operation, and the developed tasks were verified to sufficiently cover the activities to maintain the previously defined replacement units. The maintenance tasks developed through this study will be continuously verified in the actual operation preparation process prior to the full-scale provision of aviation services in the end of 2023, and will be updated accordingly.