• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.189-217
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• 2017

Declaration of Air Defense and Identification Zones started with the United States in 1950, which was followed by declaration of KADIZ by the Republic of Korea in 1951. Initial ADIZ were solely linked with air defense missions, but their roles have changed as nations around the globe manifested a tendency to expand their influence over maritime resources and rights. In particular, China declared ADIZ over the East China Sea in October 2013 and forced all passing aircraft to submit flight plan to ATC or military authority, saying failure of submission will be followed by armed engagement. China announced it would declare another zone over the South China Sea despite the ongoing conflict in the area, clearly showing ADIZ's direct connection with territorial claim and EEZ and that it serves as a zone within which a nation can execute its rights. The expanded KADIZ, which was expanded in Dec 15, 2013 in response to Chinese actions, overlaps with the Chinese ADIZ over the East China Sea and the Japanese ADIZ. The overlapping zone is an airspace over waters where not only the Republic of Korea but also of China and Japan argue to be covering their continental shelf and EEZ. Military conventions were signed to prevent contingencies among the neighboring nations while conducting identifications in KADIZ, including the overlapping zone. If such military conventions and practice of air defense identification continue to be respected among states, it is under the process of turning into a regional customary law, although ADIZ is not yet recognized by international law or customary law. Moreover, identification within ADIZ is carried out by military authorities of states, and misguided customary procedures may cause serious negative consequences for national security since it may negatively impact neighboring countries in marking the maritime border, which calls for formulation of operation rules that account for other state activities and military talks among regional stake holders. Legal frameworks need to be in place to guarantee freedom of flights over international seas which UN Maritime Law protects, and laws regarding military aircraft operation need to be supplemented to not make it a requirement to submit flight plan if the aircraft does not invade sovereign airspace. Organizational instructions that require approval of Chairman of Joint Chiefs of Staff for entrance and exit of ADIZ for military aircraft need to be amended to change the authority to Minister of National Defense or be promoted to a law to be applicable for commercial aircraft. Moreover, in regards to operation and management of ADIZ, transfer of authority should be prohibited to account for its evolution into a regional customary law in South East Asia. In particular, since ADIZ is set over EEZ, military conventions that yield authority related to national security should never be condoned. Among Korea, China, Japan and Russia, there are military conventions that discuss operation and management of ADIZ in place or under negotiation, meaning that ADIZ is becoming a regional customary law in North East Asia region.

• Journal of KIISE:Information Networking
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• v.35 no.6
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• pp.521-528
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• 2008

Such conventional maritime communication technologies as radio have short some comings in their transmission quality. It can be overcome by wireless channels provided by satellites such as INMARSAT, which nevertheless suffer from the high costs. In this paper, we propose a novel technology resolving the above problems, featuring in the establishment of maritime communication networks with multi-hop structures. The inter vessel and ship-to- shore networks previously modeled after MANET are remodeled by SANET (Ship Ad Hoc Networks) in the present work. Fan-shaped Search Zone Routing (FSR) protocol also is presented, which utilizes not only static geographical information including the locations of ports and the navigations of courses but also the unique characteristics of ships in terms of mobile nodes. The FSR finds the fan-shaped search zone on which the shortest path is located. The performance of LAR protocol is compared with that of FSR in several ways. First, FSR does not make use of a type of control packets as beaconing data, resulting in a full utilization of the bandwidth of the wireless channels. Second, the delivery rate by the FSR is 100% for the fan-shaped search zone includes at least one route between source and destination nodes on its border line, where as that of LAR has been turned out to be 64%. Third, the optimality of routes searched by the FSR is on a 97% level. Of all, the FSR shows a better performance than LAR by about 50%.

• Maritime Security
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• v.4 no.1
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• pp.83-113
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• 2022

Although China's maritime militia has not been well known despite its long history, it is recently emerging as a serious threat to maritime security, causing neighboring countries' security concerns due to the growing number of maritime disputes with China. In this regard, it is now time to clearly define the true nature of the Chinese maritime militia. A close look at the organization and roles of the Chinese maritime militia reveals that it is an organization that is systematically managed and operated by the Chinese government and the People's Liberation Army of China. Its role is to serve the purpose of "contributing to the protection and expansion of China's marine interests." In addition, the threat factors of the Chinese maritime militia were analyzed by examining the cases of maritime disputes between the Chinese maritime militia and neighboring countries. First, the Chinese maritime militia has implemented the "Gray Zone Strategy." Second, it is a systematic organization supported by the Chinese government and the People's Liberation Army. Third, it is a maritime power that cannot be ignored as the world's largest militia organization. Fourth, it has a strategic flexibility that enables the execution of the dual mission of working for a living such as commercial fishing and serving in the maritime militia. The threats of the Chinese maritime militia are not limited to Southeast Asian countries located in the South China Sea. This is also the case in Korea as the country cannot avoid maritime disputes with China such as the Ieodo issue and the boundary delimitation of the West Sea. Accordingly, this study was focused on presenting a predictable scenario and countermeasures based on the analysis through a scenario technique with respect to the two cases that are most likely to occur in Korea-China relations. Finally, beyond identifying the nature of the Chinese maritime militia, this study takes a further step to share considerations as to how the organization may operate and develop in the future and how we can cope with its moves.

• Journal of International Area Studies (JIAS)
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• v.14 no.3
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• pp.135-156
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• 2010

While there are a few ways of giving meanings to the term, "Altai" ranging from a language family to a national residing around the Altai Mountains in Russian Federation, and to the people speaking the language or the whole area where they live, there have been controversial debates whether it is a meaningful categorization. This paper argues that the basic cause lying beneath the controversies is the underdevelopment of the subject that identifies itself as a representative of the whole area where the Altaic language family is spoken. It might be true, as some Korean and Russian scholars insist, that what deserves to be called Altaic culture (or civilization) has provided a common culture and mutual interactions with the people. However, the Altaic people failed to constitute themselves as a meaningful modern group, that is a nation, and they did not fully develop national consciousness, As a result, although their way of life may be regarded as an origin of various cultures across North-East Asia, Altaic culture is not sufficient to give a momentum to claim for cultural initiative in the region. This comes at least partly from the reconfiguration of ethnic identity through a Soviet type of modernization and its geopolitical situation surrounded by super-powers such as China and Russia, as well as belated import of religions such as Buddhism and Christianity. From a wide perspective, the trouble about delimiting an area is not unique in Altai, but universally found in anywhere, as far as area studies are concerned. The delimitation of an area is not a natural outcome of physical environment but an artificial production of how cultural-political relationships have been distributed. Therefore, while the case of Alai has its own specificities, its implications that a national or regional boundary in area studies should not be taken for granted may be applied to other areas.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.287-325
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• 2017

Considering the development of aerospace, military science and technology since the 20th century, the sky is very important for the nation's existence and prosperity. The proverb "Whosoever commands the space commands the world itself!" emphasizes the need for the command of the air. This essay is the first study on the status of airspace after reunification. First, the territorial airspace is over the territory and territorial sea, and its horizontal extent is determined by the territorial boundary lines. Acceptance of the present order is most reasonable, rather than attempting to reconfigure through historical truths about border issues, and it could be supported by neighboring countries in the reunification period. For peace in Northeast Asia, the reunified Korea needs to respect the existing border agreement between North Korea and China or Russia. However, the North Korean straight baselines established in the East Sea and the Yellow Sea should be discarded because they are not available under United Nations Convention on the Law of the Sea. It is desirable for the reunified Korea to redefine the straight baselines that comply with international law and determine the territorial waters up to and including the 12-nautical mile outside it. Second, the Flight Information Region (hereinafter "FIR") is a region defined by the International Civil Aviation Organization (hereinafter "ICAO") in order to provide information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft. At present, Korea is divided into Incheon FIR which is under the jurisdiction of South Korea and Pyongyang FIR which is under the jurisdiction of North Korea. If North Korea can not temporarily exercise control of Pyongyang FIR due to a sudden change of circumstances, it is desirable for South Korea to exercise control of Pyongyang FIR, and if it is unavoidable, ICAO should temporarily exercise it. In reunified Korea, it is desirable to abolish Pyongyang FIR and integrate it into Incheon FIR with the approval of ICAO, considering systematic management and control of FIR, establishment of route, and efficiency of management. Third, the Air Defense Identification Zone (hereinafter "ADIZ") is a zone that requires easy identification, positioning, and control of aircraft for national security purposes, and is set up unilaterally by the country concerned. The US unilaterally established the Korea Air Defense Identification Area (KADIZ) by the Declaration of Commitment on March 22, 1951. The Ministry of Defense proclaimed a new KADIZ which extended to the area including IEODO on December 13, 2013. At present, North Korea's military warning zone is set only at maritime boundaries such as the East Sea and the Yellow Sea. But in view of its lack of function as ADIZ in relations with China and Russia, the reunified Korea has no obligation to succeed it. Since the depth of the Korean peninsula is short, it is necessary to set ADIZ boundary on the outskirts of the territorial airspace to achieve the original purpose of ADIZ. Therefore, KADIZ of the reunified Korea should be newly established by the boundary line that coincides with the Incheon FIR of the reunified Korea. However, if there is no buffer zone overlapping with or adjacent to the ADIZs of neighboring countries, military tensions may rise. Therefore, through bilateral negotiations for peace in Northeast Asia, a buffer zone is established between adjacent ADIZs.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.83-109
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• 2008

According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.3-42
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• 2023

The Supreme Court en banc decision on December 12, 2022 (docket number 2016Do21314) ruled that the diagnosis of endometrial hyperplasia by an oriental medical doctor using a diagnostic ultrasound device was not an unlicensed medical practice for an oriental medical doctor, which shall be scrutinized by the article 27 (1) of the Korean Medical Service Act. This ruling did not determine that a specific medical practice, especially diagnosis, based on the radiology, which is a part of western medicine, was not an unlicensed medical practice for an oriental medical doctor. Rather, it intended to clarify that the prosecutor should specify and prove the way of diagnosis and he should not prosecute mere the use of a diagnostic ultrasound device itself. To that extent, the ruling is agreeable because, as the oriental medicine community has argued, there is no regulation prohibiting the use of certain devices. It is probable, however, that the way of diagnosis established in radiology, which is a part of western medicine, was actually used in the case. In that case, there is undeniably an unlicensed medical practice for an oriental medical doctor. While many of the cases where the demarcation between (western) medicine and oriental medicine have been problematized thus far have been experimental treatment in nature, the above practice of using ultrasound appears to be frequently done in many oriental clinics, and so it is necessary to cope with the possibility of a disguised unlicensed medical practice. Another problem is the prevention of unfair practice or the protection of medical consumers. In fact, many oriental medical clinics' practice appear to have a tendency of inducing medical consumers' misunderstanding that a diagnosis based on radiology, which is a part of western medicine, were provided. It is hard to respond to this problem with demarcation between (western) medicine and oriental medicine. A new regulation against unfair practice might be necessary to implement.