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The Status of North Korean Airspace after Reunification (북한 공역의 통일 후 지위)

  • Kwon, Chang-Young
    • 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.

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Permission of the Claim that Prohibits Military Aircraft Operation Nearby Residential Area - Supreme Court of Japan, Judgement Heisei 27th (Gyo hi) 512, 513, decided on Dec. 8, 2016 - (군사기지 인근주민의 군용기 비행금지 청구의 허용 여부 - 최고재(最高裁) 2016. 12. 8. 선고 평성(平成) 27년(행(行ヒ)) 제512, 513호 판결 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.45-79
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    • 2018
  • An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

A study on Operation Rules of Korean Air Defence Identification Zone (한국 방공식별구역 운영규칙에 관한 고찰)

  • Kwon, Jong-Pil;Lee, Yeong H.
    • 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.

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Analysis of the Eyeglasses Supply System for Ametropes in ROK Military (한국군 비정시자용 안경의 보급체계 분석)

  • Jin, Yong-Gab;Koo, Bon-Yeop;Lee, Woo-Chul;Yoon, Moon-Soo;Park, Jin-Tae;Lee, Hang-Seok;Lee, Kyo-Eun;Leem, Hyun-Sung;Jang, Jae-Young;Mah, Ki-Choong
    • The Korean Journal of Vision Science
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    • v.20 no.4
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    • pp.579-588
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    • 2018
  • Purpose : To analyze the eyeglasses supply system for ametropic soldiers in ROK military. Methods : We investigated and analyzed the supply system of eyeglasses for the ametropic soldiers provided by the Korean military. The refractive powers and corrected visual acuity were measured for 37 ametropic soldiers who wear insert glasses for ballistic protective and gas-masks supplied by the military based on their habitual prescriptions. Full correction of refractive error was prescribed for subjects having less than 1.0 of distance visual acuity, and comparison was held for inspecting the changes in corrected visual acuity. Suggestions were provided for solving the issues regarding current supplying system, and this study investigated the applicabilities for utilizing professional optometric manpower. Results : The new glasses supplied by army for ametropic soldiers were duplicated from the glasses they worn when entering the army. The spherical equivalent refractive powers of the conventional, ballistic protective and gas-mask insert glasses supplied for 37 ametropic soldiers were $-3.47{\pm}1.69D$, $-3.52{\pm}1.66D$ and $-3.55{\pm}1.63D$, respectively, and the spherical equivalent refractive power of full corrected glasses was $-3.79{\pm}1.66D$, which showed a significant difference(p<0.05). The distant corrected visual acuity measured at high and low contrast(logMAR) of conventional, ballistic protective and gas-mask insert glasses were $0.06{\pm}0.80$, $0.21{\pm}0.82$, $0.15{\pm}0.74$, $0.34{\pm}0.89$, $0.10{\pm}0.70$ and $0.22{\pm}0.27$, respectively, while the corrected visual acuity by full corrected glasses were increased to $0.02{\pm}1.05$, $0.10{\pm}0.07$, $0.09{\pm}0.92$, $0.26{\pm}0.10$, $0.04{\pm}1.00$ and $0.19{\pm}1.00$, respectively. There was a significant difference(p<0.05) except for the case of the low contrast corrected visual acuity of the conventional and gas-mask insert glasses. The procedure for ordering, dispensing, and supplying military glasses consists of 5 steps, and it was found that approximately two weeks or more are required to supply from the initial examination. Conclusion : The procedure of supplying the military glasses showed three issues: 1) a lack of refraction for prescription system, 2) relatively long length of time required for supplying the glasses, 3) an inaccurate power of supplied glasses. In order to solve those issues, in the short term, education is necessarily required for soldiers on the measurement of the refractive powers, and in the near future, further standard procedures for prescription of glasses as well as the securement of optometric manpower are expected.

Construction and Application of Intelligent Decision Support System through Defense Ontology - Application example of Air Force Logistics Situation Management System (국방 온톨로지를 통한 지능형 의사결정지원시스템 구축 및 활용 - 공군 군수상황관리체계 적용 사례)

  • Jo, Wongi;Kim, Hak-Jin
    • Journal of Intelligence and Information Systems
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    • v.25 no.2
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    • pp.77-97
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    • 2019
  • The large amount of data that emerges from the initial connection environment of the Fourth Industrial Revolution is a major factor that distinguishes the Fourth Industrial Revolution from the existing production environment. This environment has two-sided features that allow it to produce data while using it. And the data produced so produces another value. Due to the massive scale of data, future information systems need to process more data in terms of quantities than existing information systems. In addition, in terms of quality, only a large amount of data, Ability is required. In a small-scale information system, it is possible for a person to accurately understand the system and obtain the necessary information, but in a variety of complex systems where it is difficult to understand the system accurately, it becomes increasingly difficult to acquire the desired information. In other words, more accurate processing of large amounts of data has become a basic condition for future information systems. This problem related to the efficient performance of the information system can be solved by building a semantic web which enables various information processing by expressing the collected data as an ontology that can be understood by not only people but also computers. For example, as in most other organizations, IT has been introduced in the military, and most of the work has been done through information systems. Currently, most of the work is done through information systems. As existing systems contain increasingly large amounts of data, efforts are needed to make the system easier to use through its data utilization. An ontology-based system has a large data semantic network through connection with other systems, and has a wide range of databases that can be utilized, and has the advantage of searching more precisely and quickly through relationships between predefined concepts. In this paper, we propose a defense ontology as a method for effective data management and decision support. In order to judge the applicability and effectiveness of the actual system, we reconstructed the existing air force munitions situation management system as an ontology based system. It is a system constructed to strengthen management and control of logistics situation of commanders and practitioners by providing real - time information on maintenance and distribution situation as it becomes difficult to use complicated logistics information system with large amount of data. Although it is a method to take pre-specified necessary information from the existing logistics system and display it as a web page, it is also difficult to confirm this system except for a few specified items in advance, and it is also time-consuming to extend the additional function if necessary And it is a system composed of category type without search function. Therefore, it has a disadvantage that it can be easily utilized only when the system is well known as in the existing system. The ontology-based logistics situation management system is designed to provide the intuitive visualization of the complex information of the existing logistics information system through the ontology. In order to construct the logistics situation management system through the ontology, And the useful functions such as performance - based logistics support contract management and component dictionary are further identified and included in the ontology. In order to confirm whether the constructed ontology can be used for decision support, it is necessary to implement a meaningful analysis function such as calculation of the utilization rate of the aircraft, inquiry about performance-based military contract. Especially, in contrast to building ontology database in ontology study in the past, in this study, time series data which change value according to time such as the state of aircraft by date are constructed by ontology, and through the constructed ontology, It is confirmed that it is possible to calculate the utilization rate based on various criteria as well as the computable utilization rate. In addition, the data related to performance-based logistics contracts introduced as a new maintenance method of aircraft and other munitions can be inquired into various contents, and it is easy to calculate performance indexes used in performance-based logistics contract through reasoning and functions. Of course, we propose a new performance index that complements the limitations of the currently applied performance indicators, and calculate it through the ontology, confirming the possibility of using the constructed ontology. Finally, it is possible to calculate the failure rate or reliability of each component, including MTBF data of the selected fault-tolerant item based on the actual part consumption performance. The reliability of the mission and the reliability of the system are calculated. In order to confirm the usability of the constructed ontology-based logistics situation management system, the proposed system through the Technology Acceptance Model (TAM), which is a representative model for measuring the acceptability of the technology, is more useful and convenient than the existing system.

Statistical Characteristics of East Sea Mesoscale Eddies Detected, Tracked, and Grouped Using Satellite Altimeter Data from 1993 to 2017 (인공위성 고도계 자료(1993-2017년)를 이용하여 탐지‧추적‧분류한 동해 중규모 소용돌이의 통계적 특성)

  • LEE, KYUNGJAE;NAM, SUNGHYUN;KIM, YOUNG-GYU
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.24 no.2
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    • pp.267-281
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    • 2019
  • Energetic mesoscale eddies in the East Sea (ES) associated with strong mesoscale variability impacting circulation and environments were statistically characterized by analyzing satellite altimeter data collected during 1993-2017 and in-situ data obtained from four cruises conducted between 2015 and 2017. A total of 1,008 mesoscale eddies were detected, tracked, and identified and then classified into 27 groups characterized by mean lifetime (L, day), amplitude (H, m), radius (R, km), intensity per unit area (EI, $cm^2/s^2/km^2$), ellipticity (e), eddy kinetic energy (EKE, TJ), available potential energy (APE, TJ), and direction of movement. The center, boundary, and amplitude of mesoscale eddies identified from satellite altimeter data were compared to those from the in-situ observational data for the four cases, yielding uncertainties in the center position of 2-10 km, boundary position of 10-20 km, and amplitude of 0.6-5.9 cm. The mean L, H, R, EI, e, EKE, and APE of the ES mesoscale eddies during the total period are $95{\pm}104$ days, $3.5{\pm}1.5cm$, $39{\pm}6km$, $0.023{\pm}0.017cm^2/s^2/km^2$, $0.72{\pm}0.07$, $23{\pm}21TJ$, and $588{\pm}250TJ$, respectively. The ES mesoscale eddies tend to move following the mean surface current rather than propagating westward. The southern groups (south of the subpolar front) have a longer L, larger H, R, and higher EKE, APE; and stronger EI than those of the northern groups and tend to move a longer distance following surface currents. There are exceptions to the average characteristics, such as the quasi-stationary groups (the Wonsan Warm, Wonsan Cold, Western Japan Basin Warm, and Northern Subpolar Frontal Cold Eddy groups) and short-lived groups with a relatively larger H, higher EKE, and APE and stronger EI (the Yamato Coastal Warm, Central Yamato Warm, and Eastern Japan Basin Coastal Warm eddy groups). Small eddies in the northern ES hardly resolved using the satellite altimetry data only, were not identified here and discussed with potential over-estimations of the mean L, H, R, EI, EKE, and APE. This study suggests that the ES mesoscale eddies 1) include newly identified groups such as the Hokkaido and the Yamato Rise Warm Eddies in addition to relatively well-known groups (e.g., the Ulleung Warm and the Dok Cold Eddies); 2) have a shorter L; smaller H, R, and lower EKE; and stronger EI and higher APE than those of the global ocean, and move following surface currents rather than propagating westward; and 3) show large spatial inhomogeneity among groups.