• Journal of the Society of Disaster Information
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• v.10 no.4
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• pp.559-565
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• 2014

This study provides the basic data for using the connections of Interpol to combat supranational crimes, reflecting domestic and foreign situations, and I'll summarize the countermeasures as follows through the results of this study. First of all, it is necessary to build up the international cooperative system which shares information and technology between nations, through the network formation of Asianpol. Second, a policy of Interpol which maximizes the foreign agents and resident officers in Korea needs to be established. Third, governmental policies and legal measures such as criminal extradition must be available to help the criminal investigations of Interpol quickly and positively. Fourth, there has to be the expansion of budget for securing professional investigators and supporting Interpol to fight supranational crimes by the authority of the government.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.79-112
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• 2010

The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

• Maritime Security
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• v.4 no.1
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• pp.1-56
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• 2022

Why has India become a key actor in the maritime-configured Indo-Pacific region? There are some external factors, but for India, its geo-strategic frontier encompassing its geopolitical and maritime interests is expanding rapidly beyond its territorial space across both the Indian and Pacific oceans amidst an increasingly arduous geopolitical and security environment. India must, therefore, acquire the ability to influence events within this strategic arena using all facets of national power, including maritime-military power. Lately, therefore, New Delhi has invested much intellectual capital to review its maritime-security strategy. India's new strategy is premised on the concept of holistic security involving the 'softer' aspects of maritime-security, and a rekindling of maritime consciousness in India, a nation that has traditionally been beset by 'sea-blindness'. The strategy adopts a region-wide, inclusive, and a more proactive approach than hitherto, as is evident in its title 'Ensuring Secure Seas: Indian Maritime Security Strategy'. While it deals with the growing concern of new non-traditional threats in the Indian littoral and the need for military deterrence and preparedness, it also addresses the imperatives for India to seek a favorable and rules-based benign environment in its immediate and extended maritime periphery, including through multi-vectored strategic partnerships dictated by its enduring principle of strategic autonomy. For a more profound and comprehensive understanding of India's maritime-security strategy, this paper examines the key unstated and implicit factors that underpin the strategy. These include India's historical and cultural evolution as a nation; its strategic geography; its geopolitical and security perceptions; and the political directions to its security forces. The paper deals specifically with India's response to maritime threats ranging from natural disasters, crime and state-sponsored terrorism to those posed by Pakistan and China, as well as the Indian Navy's envisaged security role East of the Malacca Straits. It also analyzes the aspects of organizational restructuring and force planning of India's maritime-security forces.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.179-185
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• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.201-248
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• 2015

In Korea the number of unlawful interference act on board aircrafts has been increased continuously according to the growth of aviation demand, and there were 55 incidents in 2000, followed by 354 incidents in 2014, and an average of 211 incidents a year over the past five years. In 1963, a number of states adopted the Convention on Offences and Certain Other Acts Committed on Board Aircraft (the Tokyo Convention 1963) as the first worldwide international legal instrument on aviation security. The Tokyo Convention took effect in 1969 and, shortly afterward, in 1970 the Convention for the Suppression of Unlawful Seizure of Aircraft(the Hague Convention 1970) was adopted, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(the Montreal Convention 1971) was adopted in 1971. After 9/11 incidents in 2001, to amend and supplement the Montreal Convention 1971, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation(the Beijing Convention 2010) was adopted in 2010, and to supplement the Hague Convention 1970, the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft(the Beijing Protocol 2010) was adopted in 2010. Since then, in response to increased cases of unruly behavior on board aircrafts which escalated in both severity and frequency,, the Montreal Protocol which is seen as an amendment to the Convention on Offences and Certain Other Acts Committed on Board Aircraft(the Tokyo Convention 1963) was adopted in 2014. Korea ratified the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971, the Montreal Supplementary Protocol 1988, and the Convention on the Marking of Plastic Explosive 1991 which have proven to be effective. Under the Tokyo Convention ratified in 1970, Korea further enacted the Aircraft Navigation Safety Act in 1974, as well as the Aviation Safety and Security Act that replaced the Aircraft Navigation Safety Act in August 2002. Meanwhile, the title of the Aviation Safety and Security Act was changed to the Aviation Security Act in April 2014. The Aviation Security Act is essentially an implementing legislation of the Tokyo Convention and Hague Convention. Also the language of the Aviation Security Act is generally broader than the unruly and disruptive behavior in Sections 1-3 of the model legislation in ICAO Circular 288. The Aviation Security Act has reflected the considerable parts of the implementation of national legislation under the Beijing Convention and Beijing Protocol 2010, and the Montreal Protocol 2014 that are the modernized international conventions relating to aviation security. However, in future, when these international conventions would come into effect and Korea would ratify them, the national legislation that should be amended or provided newly in the Aviation Security Act are as followings : The jurisdiction, the definition of 'in flight', the immunity from the actions against the aircraft commander, etc., the compulsory delivery of the offender by the aircraft commander, etc., the strengthening of penalty on the person breaking the law, the enlargement of application to the accomplice, and the observance of international convention. Among them, particularly the Korean legislation is silent on the scope of the jurisdiction. Therefore, in order for jurisdiction to be extended to the extra-territorial cases of unruly and disruptive offences, it is desirable that either the Aviation Security Act or the general Crime Codes should be revised. In conclusion, in order to meet the intelligent and diverse aviation threats, the Korean government should review closely the contents of international conventions relating to aviation security and the current ratification status of international conventions by each state, and make effort to improve the legislation relating to aviation security and the aviation security system for the ratification of international conventions and the implementation of national legislation under international conventions.

• Journal of Ginseng Culture
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• v.5
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• pp.1-20
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• 2023

In 1749, during an incident near the Tumen River in Hunchun, six people, all Qing ginseng pickers, were killed by seven Korean soldiers from the Chosŏn garrison. The Chosŏn soldiers encountered the ginseng pickers on the border and agreed to exchange goods, but when they failed to receive the proper price for rice, the soldiers became angry and decided to attack the Qing ginseng pickers. The seven Korean criminals were executed a year and a half after the incident. The whole process regarding the arrest and investigation of the criminals, as well as the official exchanges between the Qing and Chosŏn governments, were recorded in detail in the Chosŏn document written in Chinese and the Qing documents written in Manchu. In dealing with this murder case, the Qing local officials focused on identifying the murdered victims, clarifying the victims' responsibilities, and disposing of their remaining belongings. On the other hand, the Chosŏn government focused on providing reports quickly to the Qing officials about the investigation of the criminals. In doing so, it tried to reduce the risk of any possible problems that the murder case on the border could cause in its relations with the Qing government. The relevant records on this murder case show various aspects of the Qing and Chosŏn relations, including the contacts between the people along the Tumen River, border trespassing, material exchanges, rules about ginseng picking, and border patrols. This case also reveals that the Qing and Chosŏn people from various classes had different relationships depending on their respective interests.