Practice Areas

Aviation Regulation

Aviation regulation operates within a structure that draws together domestic statutes such as the Aviation Safety Act, international aviation conventions, and the notices and guidelines issued by the Ministry of Land, Infrastructure and Transport. As aviation-related standards evolve, a corresponding regulatory response is required.

1. Aviation Regulation | Concept

Daeryun LLC Aviation Regulation Concept Practice Area

Aviation regulation is a system that governs the following aviation-related areas, grounded in the safe and efficient operation of aircraft, light aircraft, and ultralight flight vehicles.

· Aircraft manufacturing and maintenance

· Qualifications of aviation personnel

· Air transport business and overall management of aviation facilities

It functions as a multilayered structure that combines several sources of authority, including domestic statutes such as the Aviation Safety Act (along with the Aviation Business Act, the Aviation Security Act, and the Airport Facility Act), international aviation conventions (ICAO standards), and the notices and guidelines of the Ministry of Land, Infrastructure and Transport.

These regulations serve as common standards that apply throughout an airline's operation, maintenance, transport services, and aviation facility management.

Aircraft Finance Structure

Aviation regulation is a core factor that directly shapes the aircraft finance structure as well, and it is an area in which regulatory risk must be weighed together throughout aircraft acquisition, operation, and finance transactions.

Aircraft finance is a finance structure built on the high value of the aircraft as an asset, and it is closely tied to an airline's acquisition and operation of that asset.

An aircraft is treated as an asset that generates continuous cash flow through transport services while also holding substantial collateral value, and because of these characteristics, it serves as the underlying asset for a range of finance structures.

2. Aviation Regulation | Disputes and Risks

Because aviation regulation reaches across every area of aviation, a variety of legal disputes can arise in the course of compliance.

Conflicts of Interpretation Between International Standards and Domestic Laws

ICAO standards generally function as international minimum standards, yet differences can emerge as each country reflects them in its own legal system, and even on the same matter the outcome of application can vary with the regulatory authority's interpretation.

For example, when international standards and domestic notices are interpreted differently with respect to operating standards, maintenance requirements, dangerous goods transport regulations, and similar matters, the result can be licensing delays or administrative sanctions.

Administrative Risks Related to Licensing and Operation

Because the aviation business is a licensed industry, legal risks can arise at the following stages.

· Process of obtaining an air transport business license and an Air Operator Certificate (AOC)

· Requirements related to aircraft registration and maintenance of airworthiness

· Regulations related to the allocation of operating rights and slots

· Operating permits for foreign airlines and international route agreements

When differences arise in the interpretation of the standards or in the judgment of whether the requirements are met, the result can be operating restrictions, business delays, revocation of a license, or conditional approval, among other outcomes.

Sanction Risks Arising from Violations of Safety and Operating Standards

If the Aviation Safety Act and related regulations are violated, the following administrative sanctions may be imposed.


· Suspension of operations

· Imposition of penalty surcharges

· Suspension of qualifications or revocation of a license

· Improvement orders and special inspections

Violations involving the safety management system (SMS), maintenance records, and operating procedures are especially likely to draw serious sanctions even when they amount to mere negligence.

Civil and Class Disputes in the Transport Process

Because air transport brings together numerous stakeholders, an accident can give rise to class disputes and similar proceedings.

Category

Main Content

Aircraft accidentLiability disputes among manufacturers, airlines, and maintenance providers
Cargo damage or lossTransport contract (AWB) and insurance reimbursement disputes
Delay or cancellationPassenger class actions and consumer disputes
In-flight accidentDamages and the issue of applying international conventions (the Montreal Convention and the like)

For international transport in particular, the governing law, jurisdiction, limits of liability, and similar factors interact in intricate ways, which makes the dispute structure complicated.

Regulatory Risks Related to Aircraft Finance

Aircraft finance is subject to the combined application of several bodies of law, such as the Aviation Safety Act, the Foreign Exchange Transactions Act, international treaties, and ICAO standards, and depending on the transaction structure, licensing, reporting, taxation, and international transaction regulations can all come into play at once.

Because structures such as aircraft sale and purchase (SPA), finance lease, operating lease, Sale & Leaseback, and JOL/JOLCO each presuppose a different regulatory system, failing to review the interpretation and application risk together at the structural design stage can later lead to transaction delays, increased costs, or legal disputes.

The Need for Related Advisory

Aviation regulation applies international standards and domestic statutes at the same time, and even on the same matter, the result of interpretation and application can differ.

With respect to licensing, operations management, compliance with safety standards, and the response to administrative sanctions, the level of risk can vary widely at the initial judgment stage.

In areas where the interpretive standards are not clear, relying on internal judgment alone can later widen the scope of liability.

For these reasons, the aviation industry calls for a response that looks beyond the review of individual statutes to the direction of regulatory interpretation and prevailing enforcement trends.

3. Aviation Regulation | Daeryun's Support System

In aviation regulation, the practical test for judgment often lies in how the regulatory authority interprets and enforces the rules rather than in the application of the statute itself.

Drawing on its interpretation of aviation regulation across the industry and its dealings with the authorities, Daeryun LLC helps companies respond through structural planning carried out in advance rather than through after-the-fact reaction.

· Interpretation of international and domestic aviation norms such as the Aviation Safety Act and ICAO, and responses to authoritative interpretations

· Responses to government agency procedures such as aircraft registration, licensing, and foreign exchange reporting

· Review of aircraft sale and purchase (SPA), finance lease, operating lease, and Sale & Leaseback structures

· Analysis of regulatory risk in JOL/JOLCO and aviation finance transaction structures

· Establishment of response strategies for administrative dispositions related to aviation safety and operation (penalty surcharges, suspension of operations, and the like)

Finance, International Transactions, and Risk Response

Aircraft transaction and operating structures tend to combine finance, foreign exchange, taxation, and the application of international treaties in intricate ways.

Daeryun analyzes the regulatory risks that can surface throughout aircraft finance transactions and provides legal advice that fits international transaction structures.

· Advisory on export finance, commercial finance, operating lease, and finance lease structures

· Review of aircraft security interest creation and finance contract structures

· Advisory on the application of double taxation avoidance treaties and international lease structures

· Review of foreign exchange and regulatory risk arising from aviation finance transactions

· Analysis of international contracts and dispute structures related to aircraft transactions

Integrated Response to Investigations and Disputes

Aviation regulation issues do not stop at the licensing and administrative judgment stage; depending on whether an accident occurs or a regulatory determination is made, they can quickly grow into disputes such as damages claims and administrative litigation.

Daeryun does not treat regulatory response and dispute response as separate matters, but addresses them together from the outset.

· Analysis of aircraft accident liability structures and response to damages disputes

· Response to Cargo Claims (cargo damage, loss, or theft) and reimbursement claims

· Response to Passenger Claim (delay, cancellation, in-flight accident) class disputes

· Response to air transport contract (AWB) and aviation insurance disputes

· Response to fact-finding investigations and challenges to administrative sanctions (administrative adjudication and administrative litigation)

The Practical Effect Companies Gain

A strategic response to aviation regulation bears directly not only on managing legal risk but on the stability of the business structure itself.

· Minimization of regulatory risk at the licensing and transaction structure stage

· Advance management of the possibility of administrative sanctions and disputes

· Response to the risk of conflict between international norms and domestic regulations

· Securing consistency of response when accidents and claims arise

· Strengthening the stability of aviation finance and transaction structures

4. Aviation Regulation | If You Need Assistance

Summary of the Need for Assistance with Aviation Regulation

Responding to aviation regulation is becoming a central management area tied directly to an airline's overall operation, maintenance, and transport structure.

Aviation regulation reaches beyond compliance with safety standards and connects to risks across the whole of corporate operation, including licensing, operating restrictions, international transport contracts, aviation finance transactions, and insurance and damages structures.

An error in regulatory interpretation at the early stage can extend beyond administrative sanctions such as penalty surcharges or suspension of operations and bring about changes in the business structure, disruption of operating plans, transaction delays, and a loss of corporate trust.

Daeryun's International Trade Attorneys

To address aviation and international trade regulation, Daeryun LLC operates an integrated response system built around its team for aviation regulatory response and international transaction advisory.

The international trade attorneys begin by reviewing the interpretation of international and domestic norms such as the Aviation Safety Act and ICAO, diagnosing in advance the legal risks that can arise at every stage, including licensing, operating standards, and safety management obligations.

They also analyze regulatory risk across aviation finance and international transactions, including aircraft sale and purchase (SPA), finance lease, operating lease, Sale & Leaseback structures, and JOL/JOLCO transactions, and they support the structural design.

In turn, they develop strategies for handling damages and class disputes that arise during transport, such as aircraft accidents, cargo damage, and delays or cancellations.

Working alongside administrative law attorneys, they also pursue responses through administrative adjudication and administrative litigation against dispositions by regulatory authorities, such as suspension of operations and penalty surcharges.

If you need licensing review, interpretation of international norms, transaction structure design, or a response to administrative sanctions while introducing or operating aviation regulation, you may request aviation regulation legal advice from the Daeryun 🔗International Trade Attorneys.

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Attorney KyeongWeon YUN

KyeongWeon YUN

T. 070-5117-3709

Career as Legal Cooperation Officer at the Korean Embassy in China / Human Rights Policy Officer at the Supreme Prosecutors' Office · Attorney Specializing in Corporate/Finance/Customs

Attorney HaNeul LEE

HaNeul LEE

T. 070-7510-1118

Strengths in U.S. law research and overseas litigation

Attorney JiWoon JANG

JiWoon JANG

T. 070-7510-2139

Experience as an Executive Director at a KOSDAQ-listed company

Attorney YeongJin CHOI

YeongJin CHOI

T. 070-7510-1118

Attorney specializing in International Transactions and Corporate Legal Affairs

JungYeun WON (Richard)

Richard

T. 070-7510-1118

Licensed as an Attorney in the State of New York, USA

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