북한 항공조약 및 민용항공법 분석을 통한 남북항공협정 체결의 시사점 - 항공운송분야를 중심으로 -

Abstract

For the systematization of inter-Korean aerial cooperation, it is necessary to conclude inter-Korean air agreement. This paper's purpose is to consider legal issues that can be raised if inter-Korean air agreement would be concluded. For this purpose, I anaylze multilateral, bilateral air treaties concluded by DPRK and civil air law focusing air transport issues. In field of multilateral treaties, international air transport agreement was adopted and entered into force. But DPRK has not ratified this agreement, so it can be not applied to DPRK. And in field of bilateral treaties, Austria-DPRK Air Agreement is the only treaty that we can see text in UN Treaty Collection site. Research results are as follows. Firstly, in case of concluding inter-Korean air agreement or air transport agreement, articles concerning exemption from customs, inspection fee and other tax and due, office to provide service related air transport operation, profit remittance will be stipulated. Secondly, for operation of air service, South and North Korea will designate airline(s), and designated airline(s) will fix flight line and so on. It is necessary to make rooms for designate two or more airlines. Thirdly, in case of flying flight information region, article concerning criteria and scope of flying charge will be made. Fourthly, article that one party observe air-related laws of other party on the basis of reciprocity. Fifthly, either party shall give to the aircraft of the other party, if in distress over its territory, the assistance which it will render to its own aircraft. Sixthly, dispute settlement clause shall be included. Dispute between inter-Korea shall be settled by negotiation and arbitration. Policy for recognition and enforcement of arbitral awards shall be considered.