항공법상의 운수권 배분에 관한 법적 고찰 (The Legal Review of the Traffic Right Allocation at the Aviation Law)

서지정보

· 발행기관 : 경희대학교 법학연구소
· 수록지 정보 : 경희법학 / 45권 / 3호 / 335 ~ 361페이지
· 저자명 : 박균성, 나채준

초록

Since established in 1961, the Aviation Act was implemented without major changes, the last year scheduled and charter air transportation business licensing system was revised in 48 years. Amend the Act was mitigate the international and domestic transportation business license. In addition, the lack of legal provisions had been distributed on the traffic right allocation was specified in the Act and the Ministerial Regulations. Meanwhile, the traffic right allocation has been done before the air transport license taken, In the multi-airline policy, international air traffic has been determined by establishment of multiple aircraft systems and equitable distribution of the traffic right allocation. And there was a considerable dispute. However, administrative law studies were few studies about the routes license and the traffic right allocation without study of textbooks level. In this paper, regal reviews was about air transportation business license because of the aviation industry’s national impact and international importance. Legal framework is also needed for maintenance. Especially, the legal nature and requirements, effects on the traffic right allocation were reviewed. And the legal issue of allocation procedures and application deadline were reviewed. In amended aviation Act 2009 on the basis of the traffic right allocation and Ministerial regulations, the applicant shall submit an application on routes and count. Submitted application will be determined by detailed examination. In this case airline policy is considered. In this regard, the traffic right allocation is discretion. The Legal nature of request submission and Submission period which has been made in the previous by Ministry of Homeland and Maritime Affairs is administrative guidance. And It was reasonable to understand that application deadline had not legal binding. Revised aviation act and ordinance is regulate for notice and the application process about the traffic right allocation. Therefore legal binding is recognized. In the meantime, despite of the importance of the airline industry, administrative law research for the Act did not enough. So In the future, legal system maintenance and theoretical studies will be more need.

영어초록

Since established in 1961, the Aviation Act was implemented without major changes, the last year scheduled and charter air transportation business licensing system was revised in 48 years. Amend the Act was mitigate the international and domestic transportation business license. In addition, the lack of legal provisions had been distributed on the traffic right allocation was specified in the Act and the Ministerial Regulations. Meanwhile, the traffic right allocation has been done before the air transport license taken, In the multi-airline policy, international air traffic has been determined by establishment of multiple aircraft systems and equitable distribution of the traffic right allocation. And there was a considerable dispute. However, administrative law studies were few studies about the routes license and the traffic right allocation without study of textbooks level. In this paper, regal reviews was about air transportation business license because of the aviation industry’s national impact and international importance. Legal framework is also needed for maintenance. Especially, the legal nature and requirements, effects on the traffic right allocation were reviewed. And the legal issue of allocation procedures and application deadline were reviewed. In amended aviation Act 2009 on the basis of the traffic right allocation and Ministerial regulations, the applicant shall submit an application on routes and count. Submitted application will be determined by detailed examination. In this case airline policy is considered. In this regard, the traffic right allocation is discretion. The Legal nature of request submission and Submission period which has been made in the previous by Ministry of Homeland and Maritime Affairs is administrative guidance. And It was reasonable to understand that application deadline had not legal binding. Revised aviation act and ordinance is regulate for notice and the application process about the traffic right allocation. Therefore legal binding is recognized. In the meantime, despite of the importance of the airline industry, administrative law research for the Act did not enough. So In the future, legal system maintenance and theoretical studies will be more need.

참고자료

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