• Title/Summary/Keyword: 군사기지 및 군사시설 보호법

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Protection of military bases and military facilities in the real estate assets held by the Ministry of National Defence study on the efficient management (군사시설보호법에 의한 국방부 보유 부동산 자산의 효율적인 관리방안에 관한 연구)

  • Shin, Kwang-Shig;Kim, Dong-Hyun
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.1
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    • pp.181-186
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    • 2012
  • This study military and local authorities to set up military reserves has often caused friction. Therefore, military bases and military facilities around the Act's real estate management practices that can be was to prepare. As a result, the first government to develop a plan to train real estate professionals are actively involved with the Advisory Board shall be utilized to configure. Utilizing the second army of real estate assets for future urban development should be. The third section, research on military protection should be continued. Finally, border management and development plans to propose the measures that should be carried out.

A Study on the Improvement of Military Base Access Control System in the Age the Fourth Industrial Revolution (4차 산업혁명 시대의 군사기지 출입통제 시스템 개선방안)

  • Hong, Tae_Hyeon;Song, Yeong_Gyo
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2022.10a
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    • pp.126-127
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    • 2022
  • "군사기지"란 국가안전보장에 이바지 하기위해 군사기지 및 군사시설 보호법에 의해 보호되며 규정에 의해 출입통제를 실시하고 있다. 4차 산업혁명의 시대가 도래하고 있지만 군사기지의 출입통제 시스템은 수년간 변화가 없다. 빅데이터, AI, 블록체인 등을 춥입통제 시스템에 접목하여 출입자의 동선, 시간 등을 파악해 데이터로 축적하고, AI를 활용하여 컴퓨터가 능동적으로 통제한다면 통제인력의 감소 또는 더 중요한 곳에 배치하여 활용이 가능하며, 암호화된 보안기술을 적용하여 군사기지의 생존성을 증대시키고 출입자들의 불편함을 해소시켜 줄 것이라고 판단된다.

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Department of Defense and the local government's property management on ways to mutual research (국방부와 지방자치단체가 상생하는 군 부동산관리방안에 관한 연구)

  • Shin, Kwang-Shig
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.4
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    • pp.573-580
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    • 2011
  • In this study, group to set the military reserves has caused occasional friction. Therefore, for the protection of military bases and military facilities around the County win-win was to provide real estate management plan. As a result, when the first government actively involved in the planning and real estate expert, should be used to configure the advisory group. Using the second military real estate assets for future urban development should be. Third for the military Reserves shall continue to study. Finally, management and development of border areas to establish a plan to propose measures to be implemented.

The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

Abolition of restrictions and research on precondition for nominating drone photographing free area (규제혁파, 드론 촬영 자유구역 지정을 위한 선결조건 연구)

  • Seok, Geum-Chan;Park, Gye-Soo;Nam, Soung-Ho;Kim, Young-Ki
    • Journal of the Korea Convergence Society
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    • v.11 no.5
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    • pp.209-217
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    • 2020
  • The background of the research is the following. With the prosperity of drone industry, the government has been actively promoting measures to nominate 'drone photographing free areas'. However, existing laws, and procedures are rather unclear with related environmental factors in discordance with one another. Hence, voices in need for establishing a clear precondition for nominating drone photography free area have been rising. The purpose of the research is to provide measures for the preconditions to establish photography free areas for convenient drone photographing. The research utilizes literary methods, conducting focus group interviews to coordinate with specialists who can participate and discuss so that they can provide improvement measures. The research renders improvement measures in different sectors including 2x items in aviation security law, 8x items in free area nomination and procedure, 4x items in infrastructure establishment and information management area. The expected effects are the following: by attaching drone photography with aviation security law, nominating photography free area can be linked up with the Ministry of Land Infrastructure and Technology. Secondly, by enlarging photography restricted area to upper mid-air, a three dimensional drone security will be possible. Thirdly, by providing a 'Yongin area standard model', free area nomination will become more easy. Future research will focus on enhancing aviation security law regarding drone photographing. In addition, the promotion to nominate free areas for 33x responsible areas in accordance with the National Intelligence service will be required.