Analysis of National Benefits Rlated to Ratification of Major International Treaties in the Aviation Sector

This study investigated the date of entry into force after the establishment of the Republic of Korea government through ratification by the National Assembly for aviation-related international treaties, and looked at the period from the adoption of the agreement until it took effect in the Republic of Korea.Since international treaties have the same legal effect as domestic laws when ratified by the National Assembly, the ICAO, a special agency under the United Nations that values each States sovereignty, encourages member States to ratify various aviation-related international treaties.The Chicago Convention, which can be seen as a basic aviation instrument, was signed in 1944, but the Republic of Korea was active in ratifying aviation-related agreements, such as ratifying them and taking effect even during the Korean War. However, the only amendment to the provisions that the Republic of Korea contributed to the Chicago Convention took a long time to ratify, even though Korean Air 007 was shot down by a Russian fighter jet.The amendment to the Chicago Convention related to increase the number of ICAO Council members and Air Navigation Committee members took a long time to ratify because the Republic of Korea failed to took ICAO Council and ANC members, but it has recently been ratified relatively timely.However, some international treaties and aviation security-related instruments, such as the Tokyo Convention, that are fundamental to the international operation of aircraft, tend to take a long time even though the contents of the Convention are the basis of the safety and security of air transport in the Republic of Korea. In addition, the Beijing Convention and the Beijing Protocol, which were adopted in 2010, have not yet been reviewed for ratification.In this study, through a period survey required for ratification of international treaties related to aviation, ratification is carried out without a certain systematic procedure, and as a result, even though it is a member of the ICAO, a legal review that does not fit the national status of the Republic of Korea, the world's top 10 air transportation State, is underway.In general, international treaties adopted and signed at ICAO's assembly or various diplomatic conferences send State letters to member States asking for ratification, but do not present a deadline for ratification because they respect the sovereignty of each State. In the Republic of Korea, the ICAO State letter will be received by the Ministry of Land, Infrastructure and Transport(MOLIT), reviewed by the MOLIT, and will be reviewed separately by the International Law Division of the Ministry of Foreign Affairs and Trade to request the National Assembly to ratify it. The problem is that the Ministry of Land, Infrastructure and Transport and the Ministry of Foreign Affairs need advice from aviation law experts in the process of reviewing the meaning and ripple effects of international treaties. The Republic of Korea is seeking to upgrade the part of ICAO Council members, and this part of the upgrade movement requires a national image leading the enactment and implementation of aviation-related treaties in the international aviation community, but the ratification issue is a hindrance to this.Therefore, based on the research results of this paper, it is necessary for research institutes and societies specializing in aerospace law, such as the Korea Society of Air & Space Law and Policy, to carefully review the validity, economic feasibility, impact on the aviation industry, and the possibility of conflict with domestic laws and regulations before ratification by the National Assembly.In addition, although international treaties need to be reviewed after they are enacted, aviation law experts will participate from the conceptual stage of aviation-related international treaties through ICAO legal seminars, and it will be a way to protect national interests and lead the development of international aviation.