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함세훈 ( Se Hoon Ham ),황호원 ( Ho Woon Whang ) 한국항공운항학회 2011 한국항공운항학회지 Vol.19 No.2
The article specified in aviation legislation, ``The captain has the final authority and res ponsibility in flight safety`` could be one reason running counter to applying “Vertrauensg rundsatz”. In practice, however, captains do not have professional skills in every task an d they should distribute duties and responsibilities to flight attendents and other staffs to operate the flight as safely and efficiently as possible. Therefore, in aviation, fair criterion, namely, "Vertrauensgrundsatz" is necessary to bala nce between efficiency and legal interest for participants. In addition, when it comes to mutual trust of duty which was the starting point of this study, the standard in mutual advice or interference must be based on the duty specified in air law and flight regulations. Also, pervasive trust will not only be attributed to joint r esponsibility but an act that cannot be trusted.
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함세훈 ( Se Hoon Ham ),황호원 ( Ho Woon Whang ) 한국항공운항학회 2010 한국항공운항학회지 Vol.18 No.3
The prohibition of careless or reckless flight is the regulation specified not only in the national air law but ICAO ANNEX and FAR. This article(item) has not been categorized properly unlike other items and the question such as why this is described as a fundamental and essential act can be answered only by the party subjected to administrative measures in case of Korea and this kind of violation is so rare that it is not easy to understand the legal meaning and the function of the term, The prohibition of careless or reckless flight In case of U.S where aviation cases are common, the distinction between the term careless or reckless operation depends on whether to recognize the given situation. Some incidents happened by failing to aware NOTAM, violating ATC, or T/W landing where a pilot did not recognize the violation itself are considered to be Careless flight. Others such as low altitude high speed flight, approximate flight, Rejecting ATC instruction where a pilot intends to or is remiss in safety are regarded as Reckless flight. For pilots who are required to take the highest level of care from preparing for flight to stopping engines or completely disembarking passengers from a plane, the clear understanding of the most basic concept of careless or reckless flight should be emphasized for the safe flight and it is the time for the authorities to set a standard for proper measures by definite legal interpretations.
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