• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.201-224
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• 2017

The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

• Korean Security Journal
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• no.14
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• pp.337-365
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• 2007

The society shows rapid change throughout various fields in the 21 century. These changes are in progress in Korea as well and the private security field is not in exception. The private security system has socially effective function by providing services, which the police cannot provide to citizen. However, it cannot be treated rightly the possibility of violation of human right during the actual action. The qualified person at least should take private investigation service considering privatization of criminal justice and considering that the Private Investigation Act submitted to the Congress could not affect its investigation authority to the citizen currently. The purpose of this study is examination of the private investigation system in Korea and other country and is presentation of its improvement. The chapter 1 composed of introduction on chapter 1, concept and service in chapter 2, private security system in other countryin chapter 3, private security system in chapter 4, problems and its improvements in chapter5, and conclusion in chapter 6. It requires not only consideration of government but also consideration of citizen and effort of both sidesto successful settlement of private security system in Korea.

• Journal of the Korean Society of Marine Environment & Safety
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• v.21 no.5
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• pp.524-530
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• 2015

In this study, I present solutions to properly regulate assembly and demonstration at sea which has not been relatively secured and regulated compared to that of on land and inland waters so it may not violate public safety and order, and at the same time to secure it as a basic human right. Firstly, to protect and regulate in the same way with assembly and demonstration on land, I suggest to make amendments to "Law on Assembly and Demonstration" so that Korea Coast Guard Station can accept applications and administrator maritime assembly and demonstration. Secondly, in special cases where there are difficulties in the application of "Law on Assembly and Demonstration" due to the special maritime environment, following the example of Japan, America and England who have regulations in related special laws, I suggest an legislative alternative to add regulations on maritime assembly and demonstration in "Law on Maritime Guard" so that we can administer maritime assembly and demonstration in a way which there should be no conflict between basic human right of people and conservation of public safety.

• The Journal of the Convergence on Culture Technology
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• v.6 no.4
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• pp.59-66
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• 2020

This paper considered the measures of securing political neutrality of the prosecutor on the reform of the prosecution. The nation's prosecution has enormous authority. In the meantime, the prosecution enjoyed unlimited power uncontrolled with investigative rights, prosecution monopoly, and police investigation command. No other country has as much power as the Korean prosecution. However, the prosecution, which enjoys such power, is placed on the task of reforming the prosecution due to poor democratic control. Has there been such a prosecutor in Korean history who only looks forward and wields long sword ehrflqtjdrhk against corruption in power? So far, the prosecution has conducted investigations that suit the administration's taste, and the prosecutors have been on the rise in return. That is why the previous administrations tried to ensure the political neutrality of the prosecution. As such, We would like to consider legal logic to analyze the sincerity of the prosecution reform. To this end, the first is to consider the authority of prosecutors and prosecutors. Second, consider the internal requirements of the government's reform of the prosecution. Third, establish the direction of prosecution reform.

• Journal of Digital Convergence
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• v.11 no.6
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• pp.187-192
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• 2013

Current Korean ITS policies are decided by two persuading parties, so that ITS industry has great difficulties in establishing unified policies and developing ITS related industries. This paper provides the analysis of current Korean ITS policy issues, and suggests the ways how to activate the ITS industry. First, the ITS policy should be unified through agreement between related departments in government. Second, ITS should be recognized as social overhead capital and thus implemented as national infrastructure. Third, define the range of ITS services to prevent confusion with general wireless and mobile communication services.

• Proceedings of the Korean Society of Dyers and Finishers Conference
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• 2011.11a
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• pp.16-16
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• 2011

기존의 얇고 가벼운 기능성 투습방수 film은 각종 등산복이나 육해공군전투복, 경찰복, 소방복 등에 폭넓게 이용되고 있다. 그러나 현재의 이런 제품들은 뛰어난 투습방수성을 나타내지만 눈, 비, 이슬 등과 같은 수분과 만날 경우 필름 고분자 구조의 Swelling으로 표면의 불규칙한 요철현상이 생기며, 이는 제품의 불량으로 문제시 되고 있다. Swelling이 생기지 않는 친수성 Urethane film이 스키복으로 많이 상용되고 있기는 하지만 두께가 두껍고 무거워서 움직임이 불편한 단점이 있다. 본 연구에서는 이러한 문제점들을 보완하여 얇고 가벼운 기능성 비팽윤 투습 방수 필름을 제조하였다. 제조된 비팽윤 투습 방수 필름제품은 기존의 투습 방수 필름과도 다른 독특한 Bead concrete 구조를 형성하고 있으며, 미세입자들이 서로 접합하여 우수한 투습성을 발현하며, 기저층의 모노리스 멤브레인(Monolithic film)의 적층구조로서 형성되어 있어 강도 및 투습도 등의 성능이 제어되고, 수분 흡수에 따른 팽윤현상이 발생하지 않는다.

• Convergence Security Journal
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• v.20 no.4
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• pp.153-159
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• 2020

Rebels emerge after the late Joseon. Hong Gyung-rae will fight against the military by gathering dissatisfaction forces with regional and status discrimination. Gasan supervisor Jung - Si in the first battle. He urged him to surrender and participate in the rebellion, but Jung - Si refused to die. Surrounding officials did not protest and surrendered to the rebels. When Hong Gyeong-rae's rebellion subsided, the most damaging thing was the death of 2,000 people who were deceived and joined by Hong Gyeong-rae's propaganda. There would have been no death of the innocent people if the officials in charge of the government had actively defended them at the beginning of the rebellion. There is a need for a historical study on the time of the Gasan supervisor Jung-Si, who refused to surrender to the rebels and fought with death.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.7
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• pp.810-819
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• 2017

The purpose of this study is to evaluate port use and the distribution of risk factors in 15 major ports in Korea, delineating the risk of each port after classifying the ports into four risk groups based on estimated risks. The placement of response vessels is then analyzed accordingly. Based on the results, danger was estimated to be especially high in ports where large-scale petrochemical facilities are located, such as Yeosu Gwangyang ports (1.85), Ulsan port (1.33) and Daesan port (1.25). The ports showing the next highest degree of danger were Pusan (0.95) and Incheon (0.83), which have significant vessel traffic, followed by Mokpo (0.71) and Jeju (0.49), which expanded their port facilities recently and saw an increase in large vessel traffic. Next is Masan (0.44), for which many fishing permits in the vicinity. When the relative ratios of each port were graded based on the Yeosu Gwangyang Ports, which showed the highest risk values, and risk groups were classified into four levels, the highest risk groups were Yeosu Gwangyang, Ulsan, Daesan and Pusan, with Incheon, Mokpo, Jeju, and Masan following. Pyeongtaek Dangjin, Pohang, Gunsan, and Donghae Mukho were in the mid-range danger group, and the low risk groups were Samcheonpo, Okgye, and Changsungpo. Among these, all response vessel placement ports specified by current law were above the mid-range risk groups. However, we can see that ports newly included in mid-range risk group, such as Mokpo, Jeju, and Donghae Mukho, were excluded from the pollution response vessel placement system. Therefore, to prepare for marine pollution accidents these three ports should be designated as additional response vessel placement ports.

• Korean Journal of Forensic Psychology
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• v.12 no.1
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• pp.35-51
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• 2021

People's belief in free will is important in determining the causes and responsibilities of human behavior. Over the past decades, there has been debate about belief in free will in the fields of neuroscience, philosophy, ethics, and criminal law. The Free Will and Determinism Scale (FAD-Plus; Paulhus & Carey, 2011) is a test tool that measures the components related to the belief in an individual's free will. This study conducted a confirmatory factor analysis of 1,000 ordinary people of various age groups and socio-economic backgrounds based on previous studies that conducted an exploratory factor analysis (Study 1). The author has secured the reliability and validity of a number of measures. Furthermore, it was examined how the sub-item of the FAD-Plus scale, 'belief in free will,' was related to correspondence bias and locus of control (Study 2). As a result of analyzing a total of 83 subjects, high belief in free will had a positive correlation with punishment judgment for negative behavior and internal attribution, but there was no significant relationship in reward judgment for positive behavior. Based on the study results, it was proven that the FAD-Plus is valid for the general public as well, and the relationship between belief in free will, attribution bias, locus of control and behavior judgment was examined. The limitations of this study, policy implications, and research directions are discussed.