• Proceedings of KOSOMES biannual meeting
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• 2018.06a
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• pp.40-40
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• 2018

• Maritime Security
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• v.3 no.1
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• pp.1-44
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• 2021

China's new Maritime Policy Law (MPL) purports to regulate the duties of China's maritime police agencies, including the China Coast Guard, and safeguard China's sovereignty, security, and rights and interest. The MPL has potentially far-reaching application, as China claims extensive maritime areas off its mainland and in the South China Sea. This expansive application of maritime law enforcement jurisdiction is problematic given that most of China's maritime claims are inconsistent with international law. To the extent that the MPL purports to assert jurisdiction over foreign flagged vessels in disputed areas or on the high seas, it contravenes international law. Numerous provisions of the MPL regarding the use of force are also inconsistent with international rules and standards governing the use of maritime law enforcement jurisdiction, as well as the UN Charter's prohibition on the threat or use of force against the territorial integrity or political independence of any state. China could use the MPL as a subterfuge to advance its illegal territorial and maritime claims in the South and East China Seas and interfere with coastal State resource rights in their respective exclusive economic zone.

• 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.

• Korean Security Journal
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• no.18
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• pp.119-141
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• 2009

Administrative execution by proxy is one of forced executions of administration and is also called as "enforced execution by proxy" in which administration institutions or the third party executes by proxy on behalf of parties who did not execute obligations under administration law and files claims to compensate expenses required in the proxy execution. Despite the actual site of administrative execution by law, social problems are generated because various violence and behaviors of infringement of human rights between executer and obligator are rampant and thus causing human damages since forced execution by physical force is carried out and cases of police indictments and petition to human rights committee are gradually increasing. Majority of people mobilized in this actual site of violence are supplied by private security companies which provide service contract and mobilization of people without qualification of guards or security service and irrational execution by proxy and violent actions by so-called service hooligans connected to violence organizations are now becoming social issues. In these actual sites of violence, structurally very complicated problems such as economic rights, right of residence, struggle for living, and intervention by outsiders are contained. This thesis has analyzed causes of outbreaks of violence and discussed about improvement countermeasure by paying attention to mobilization of people by private security companies. As the result, through revision and improvement of laws and systems, execution institution and policemen must be present at actual sites of execution by proxy to control physical execution of private security companies to be carried out legally and when violent collisions are occurring, it shall be stipulated that police should immediately intervene. Practices of execution by proxy of execution administration institutions shall be avoided and causes of occurrences of violence shall be eliminated by discrete decisions of execution by proxy, elimination of service contract conditions focused on accomplishments, and stipulation of responsibility of execution institutions when problems occur. Practices of solving petitions through collective actions of obligators shall be eliminated and strict enforcement of laws such as disturbance of official execution or compensation claims for expenses of execution by proxy must be carried out and intervention by the third parties must be intercepted. Mobilization of manpower by security companies shall be limited to people with prior registration who have acquired and finished qualification and education by security business law and before putting them on actual sites, it shall be obliged that execution plan with clear written records of working location, mission, and work rules must be submitted in advance to police station in charge and also they must be controlled to follow laws and statutes such as uniform and equipments. In addition, personal criminal responsibility for violent actions must be clearly stipulated and advanced securing soundness of security companies such as limits of service contracts with records of accidents is required. Order placement behaviors of special organizations under the pretext of rehabilitation business must be eradicated and companies with capability and strong intention of observation of laws must be able to receive orders by intercepting chains of contracts and sub-contracts. Issues of improvement countermeasure of social problem, living, and compensation including rights of residence and environment are excluded from the discussion.

• Korean Security Journal
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• no.29
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• pp.163-191
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• 2011

Recently, the problems in school violence did not stop on the crime between the members at the school and which developed into the invasion crime of the school caused by outsiders. The school is no more the safety zone from the crime. Particularly, in the case of the elementary school, because there are nearly no people who oppose to the outside attacker and can control this, it is the place where it is vulnerable to the invasion crime. The Metropolis of Seoul implements the School Sheriff system within the jurisdiction bureau, in the public elementary school. However, actually the School Sheriff business is being managed, never applying a rule in the Security Industry Law with the main content, that is the Security Industry Law application is excluded. Because the jurisdiction on the contract of Seoul City and operating company are run, the various issues is caused. First, since it is not being considered as a security business, the commercial liability insurance for security company has no chance to applicate when the operation company and the School Sheriff have related damage generation. So the security for the indemnification of loss of the victim is weak. Second, The task of the School Sheriff is ruled just by in the individual contracts. But it is insufficient with this thing. The related duties are required some supplement like a general rule application including the obligation of the guard in the security industry law. Third, the education of the School Sheriff needs to connect with the educational programme in the security industry law. The related professional education specially needed for the prevention of school violence ought to be reserved compensation. Forth, the citizens still demand the strengthening of police patrol for the surroundings of a school in spite of the result of Seoul City's public survey. Therefore, the active relation of cooperation with the police needs to be supported legally and institutionally with the Security Industry Law application. Fifthly, the success of the School Sheriff business can be more guaranteed with the supervision of the legal and institutional device like a the Security Industry Law application or police and all sorts of administrative execution's and etc.

• Journal of Navigation and Port Research
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• v.27 no.2
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• pp.121-127
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• 2003

The Korea Maritime Police Agency(KMPA) is the national maritime Search and Rescuee (SAR) authority with the responsibility to promote an efficient organization of SAR services and to coordinate the conduct of SAR operations within the Korean Search and Rescue Region(SRR). The maritime SAR operations shall provide an adequate and effective search and rescue services to minimize the loss by rendering aid to persons in distress and property in the marine environment. The essence of a successful search and rescue operation is the speed with which it is planned and carried out because survivors who need assistance and whose chances of survival diminish rapidly with time. This paper aims to propose an optimal allocation model of maritime SAR fleet in view of minimizing the search and rescue time. When maritime accidents occur, rescue units have to reach to the distress scene within the specified time. For this, SAR units must be redeployed to an advanced base so that Rescue Units(RU) can reach to the scene of distress in the shortest possible time. The Korean maritime SRR is divided into 180 sub-areas in consideration of an operational and technical ability of SAR units. The suggested model is verified through an empirical application to the Korean maritime SRR. And also the Rescue Vessels(RV) required is estimated for each Rescue Co-ordination Center(RCC).

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2003.05a
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• pp.35-41
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• 2003

The Korea Maritime Police Agency(KMPA) is the national maritime Search and Rescue (SAR) authority with the responsibility to promote an efficient organization of SAR services and to coordinate the conduct of SAR operations within the Korean Search and Rescue Region(SRR). The maritime SAR operations shall provide an adequate and effective search and rescue services to minimize the loss of life, injury property damage or loss by rendering aid to persons in distress and property in the marine environment. The essence of a successful search and rescue operation is the speed with which it is planned and carried out because survivors who need assistance and whose chances of survival diminish rapidly with time. This paper aims to propose an optimal allocation model of maritime SAR fleet in view of minimizing the search and rescue time. When maritime accidents occur, rescue units have to reach to the distress scene within the specified time. For this. SAR units must be redeployed to an advanced base so that Rescue Units(RU) can reach to the scene of distress in the shortest possible time. The Korean maritime SRR is divided into 180 sub-areas in consideration of an operational and technical ability of SAR units The suggested model is verified through an empirical application to the Korean maritime SRR. And also the Rescue Vessels(RV) required is estimated for each Rescue Co-ordination Center(RCC).

• Korean Security Journal
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• no.12
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• pp.117-147
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• 2006

This study aims to propose efficient way to operate the security guarding system from the perspective of administration, policy, law, institution and operation as to the private security guarding system as the Korean security guarding system needs multifaced analysis and measure to ensure efficient operation. The growth strategy has to be restructured and segmentation market needs to be driven in order to cope with the changing conditions of company from the perspective of administration. And private security guarding service companies must refrain from excessive competition while improving the contracting method such as minimum price bidding, etc. From the perspective of policy, the functions of relevant organizations such as the National Police Agency, security association, etc, and mutual cooperation must expand. Also, the profit generation event needs to be privatized and the more positive perception toward the private security guarding service is necessary. In addition, security exhibition and seminar can be expanded to lay the groundwork for the advancement of private security system. From the legal and institutional perspective, the security guarding service related law must be revised and the certification system must b introduced to cope with the changing requirement. The security guarding instructor system must be strengthened to ensure a faithful and earnest implementation of duty to instruct, supervise and educate security guarding personnel. From the perspective of security guarding system's operation, professional security technique must be introduced and applied, and the volunteer application system must be established. In addition, standard 'security guarding manual' must be crafted, and the equipment for security guarding must be modernized to ensure an efficient operation of private security guarding services.

• Convergence Security Journal
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• v.17 no.3
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• pp.73-81
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• 2017

In April 2009, in the wake of President Obama's Prague speech, the international community held four nuclear sec urity summits from 2010 to 2016 to promote nuclear security and prevent nuclear terrorism. The Nuclear Security S ummit has made significant progress in preventing terrorists from attempting to acquire nuclear weapons or fissile materials, but it still has limitations and problems. To solve this problem, the international community should resume the joint efforts for strengthening bilateral cooperation and multilateral nuclear security regime, and the participating countries should strive to protect their own nuclear materials and fulfill their commitments to secure nuclear facilitie s. Second, the United Nations(UN), the IAEA(International Atomic Energy Agency), International Criminal Police Or ganization(INTERPOL), the Global Initiative to Combat Nuclear Terrorism(GICNT), and the Global Partnership(G P) must continue their missions to promote nuclear security in accordance with the five action plans adopted at the Fourth Nuclear Security Summit. Third, the participating countries should begin discussions on the management and protection of military nuclear materials that could not be covered by the Nuclear Security Summit. Fourth, the intern ational community must strive to strengthen the implementation of the Convention on the Physical Protection of Nuc lear Material(CPPNM) Amendment and International Convention for the Suppression of Acts of Nuclear Terrori sm(ICSANT), prepare for cyber attacks against nuclear facilities, and prevent theft, illegal trading and sabotage invo lving nuclear materials.

• Korean Security Journal
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• no.51
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• pp.81-100
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• 2017

Recently, Crime patterns in our society are diversifying as followed on the urbanization of population and the influx of immgrants. Existing murder, kidnap, sexual assault, etc. Especially, the crimes such as school violence, dating violence, domestic violence, violent abuse and even social hatred a crime, motiveless crime are spreading into every phase of national life. Due to the social situation, the sharp increase in demand for personal protection, the scale of private security industry has been constantly expanded. Following this trend, the personal protective regulations in Security Industry Act has been revised several times since the it was enacted in 1995. However, despite the fact that the legal and institutional aspects should have been amended and improved systematically according to the industrial development, the regulations adopted initially adopted has been maintained so far, which have resulted in various problems as they could not coincide with the purpose of private security, being divorced from the reality of private security industry and social changes. Especially, in the case of personal protection service and facility security service, the legal requirements of both services are identical with each other in terms. Such legal systems may cause confusion to security businesses and employees, or the police managing and supervising them, regarding the scope and duties of security services. In order to improve such problems, the regulations of permission requirement that the personal protective regulations in Security Industry Act should be revised system. In this study, relevant personal protection provisions prescribed in the Security Industry Act have been reviewed critically in this paper. And also the regulations were review of those personal protection provisions enacted in security industry Act, so that the improvement plan for the personal protection provisions that are apposite to the cases in this country could be suggested in order to amend the current laws and provide real grounds for the law enforcement.