• 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.

• Korean Security Journal
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• no.38
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• pp.57-82
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• 2014

The purpose of this paper is to introduce the industrial security policies in Germany and to look for the implication for the development of korean industrial security. Due to highly developed economy and industrial technology, Germany has become the main stage for the industrial espionage for a long time. In Germany industrial espionage is classified into two categories; Economy-espionage and Competition-espionage. While economy-espionage is related to the Espionage of foreign intelligence agencies, Competition-espionage means the act of espionage, that is implemented by the private sector. When it comes to economy-espionage, prevention of economy-espionage is the duty of the State, because it threat the national interest. Otherwise, the private sector has to take the responsibility of prevention of competition-espionage. It goes without saying that, the state has to investigate the crime, when espionage happens. But Prevention is more important than investigation in this regard. For the realization of Public-Private-Partnership, the private sector should be the genuine counterpart of the Public through the sharing responsibility of industrial-espionage prevention. Another talking point this paper suggest, is the national ethic in connection with economy-espionage. The State could be not only a actor of espionage prevention, but also a perpetrator. The economy-espionage for the purpose of national interest would not be justified, unless it has nothing to do with national security.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2021.05a
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• pp.25-27
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• 2021

With the recent development of deep learning technology, computer vision-based AI technologies have been studied to analyze the abnormal behavior of objects in image information acquired through CCTV cameras. There are many cases where surveillance cameras are installed in dangerous areas or security areas for crime prevention and surveillance. For this reason, companies are conducting studies to determine major situations such as intrusion, roaming, falls, and assault in the surveillance camera environment. In this paper, we propose a real-time abnormal behavior analysis algorithm using object detection and tracking method.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2022.10a
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• pp.333-336
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• 2022

With the development of IT technology, cybercrime is becoming sophisticated and intelligent. In particular, in the case of BackDoor, which is used in the APT attack (intelligent continuous attack), it is very important to detect malicious behavior and respond to infringement because it is often unaware that it has been damaged by an attacker. This paper aims to build an EDR platform that can monitor, analyze, and respond to malicious behavior in real time by collecting, storing, analyzing, and visualizing logs in an endpoint environment in real time using open source-based analysis solutions ELK Stack and Sysmon.

• Journal of Preventive Medicine and Public Health
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• v.27 no.1 s.45
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• pp.25-43
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• 1994

To estimate the factors to the inclination of the criminal violence, the content of trace minerals and toxic metals in the scalp hair were measured during the period from May 1992 to October 1992. One hundred eleven violent and 89 nonviolent criminal inmates of Taegu Correctional Institute were selected. The inmates of violent criminals were imprisoned by murder, robber, rape, injury and violent acts. Those of nonviolent criminals were swindle, larceny, and adultery and had no history of institutional violence. The contents of two toxic metals (cadmium, lead) and five trace minerals (Cu, Fe, Zn, Mg, Na) were determined by an atomic absorption spectrophotometer (IL. 551). The contents of cadmium and lead in hair of violent criminals were significantly higher as $0.56{\pm}0.14ppm,\;11.53{\pm}3.32ppm$, respectively, than $0.42{\pm}0.20ppm,\;9.63{\pm}4.31ppm$ of nonviolent group (p<0.01). But the level of copper was significantly lower than nonviolent group (p<0.05). The factors that had a significant correlation with the inclination of violence in multiple logistic regression analysis were cadmium (odds ratio=98.09), unmarried (odds ratio=0.39), many times of criminal history(odds ratio=1.57) and residence of rural area (odds ratio=0.44). The results suggest that the sub-toxic contents of cadmium and lead in the hair may be of potential effect on behavior, and the mineral analysis may be an important adjunctive diagnostic procedure. Further studies into this problem are necessary.

• Journal of Korea Fair Competition Federation
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• no.73
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• pp.2-12
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• 2001

미 법무부의 독점금지국(the Antitrust of the U.S. Department of Justice)은, 지난달 제일제당과 두 일본기업이 미 독점금지법 위반을 인정하는데 동의했다고 발표하였다. 미 법무부 독점금지국은 미국 상거래에 영향을 주는 호전적 카르텔에 있어서는, 연루된 기업의 국적에 상관없이, 또한 그 기업이 미국 역내에 있느냐 역외에 있느냐를 불문하고 자국의 독점금지법을 일괄적으로 적용해 오고 있다. 따라서 이런 기업들은 미국 독점금지법하에서 벌금이나 심지어는 금고형으로부터 자유로울 수가 없는 것이 현실이다. 미 법무부의 독점금지국은 판사의 형 선고 재량권을 현저하게 약화시킨 형 선고에 관한 지침(United States Sentencing Guidelines), 그리고 카르텔 공동협력에 있어 공모에 대한 증거제공 및 공동행위를 신고한 기업에 대해 형량감경제도(Corporate Leniency policy)를 효율적으로 운영함으로써 지난 몇 년간 미국 역외에서 발생한 공동행위에 대해 수많은 형사적 유죄판결을 받아내었다. 지난 수십년간 독점금지국은 가격고정, 입찰담합, 시장할당 그리고 셔먼법에 의해 당연위법으로 인정되는 경쟁자간의 합의에 관련된 기업들과 개인들에 대해 조사하고 형사적으로 소추해왔다. 이 모두는 불합리하게 거래를 제한하는 합의로 독점금지법에 의해 금지되는 행위들이다. 연방법은 현재 셔먼법 위반에 대한 벌칙으로 거래를 제한하는 공모에 합의함으로써 셔먼법을 위반한 기업에게는 최고 1,000만 달러, 개인에게는 최고 35만 달러의 벌금을 부과할 수 있으며 최장 3년간의 징역에 처해 질 수 있다고 규정하고 있다. 그러나 벌금액은 1987년의 형사벌금개선법(The Criminal Fines Improvements Act: 법원이 개인 및 기업에 대한 범죄에 의해 야기된 이익이나 손실의 두 배에 해당하는 금액 중 더 큰 금액을 선택적으로 부과할 수 있다는 규정)에 의해 극적으로 늘어나고 있다. 이 논고에서는 미 법무부 독점금지국이 글로벌 카르텔과의 전쟁을 성공적으로 수행하게 된 과정을 간략하게 검토하고, 그 과정에서 다루어진 중요한 사건 중 두 사례를 선정해서 고찰해 보기로 하겠다.

• The KIPS Transactions:PartC
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• v.12C no.1 s.97
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• pp.45-52
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• 2005

A damage scale of information property has been increasing rapidly by various illegal actions of information systems, which result from dysfunction of a knowledge society. Reinforcement in criminal investigation requests of network security has accelerated research and development of Intrusion Detection Systems(IDSs), which report intrusion-detection about these illegal actions. Due to limited designs of early IDSs, it is hard for the IDSs to cope with tricks to go around IDS as well as false-positive and false-negative trials in various network environments. In this paper, we showed that this kind of problems can be solved by using a Virtual Protocol Stack(VPS) that possesses automatic learning ability through an optimum-adaptive mobile code. Therefore, the enhanced IDS adapts dynamically to various network environments in consideration of monitored and self-learned network status. Moreover, it is shown that Insertion/Evasion attacks can be actively detected. Finally, we discussed that this method can be expanded to an intrusion detection technique that possesses adaptability in the various mixed network environments.

• Journal of the Korea Society of Computer and Information
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• v.17 no.5
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• pp.177-183
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• 2012

There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.

• Journal of the Korea Society of Computer and Information
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• v.18 no.6
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• pp.111-120
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• 2013

Recently, in the cyberspace, the posts that have only insults and abuses without the fact are getting spread rapidly as a trend, it makes the damage to people also, and the social concerns have been raised about its phenomenon. Meanwhile, because of the insulting actions that performed in cyberspace, the results of infringement of personal rights conditions getting difficult to repair. Also, it is difficult to find who the person who acts as a perpetrator is. So, it is hard to report a crime or sued for damages, also, it is really difficult to deal with a criminal contempt. Also, cause of a lot of deficient areas, the Cyber Insult Crime act is need and strengthened penalties or Mitigation about the crime subject to victim's complaint are need. However, give the criminal penalties to criminal is sufficient. So, to construct a new special criminal law, it is not advisable. Thus, governed by the Criminal Code Section 311 is preferably.

• Journal of Korea Game Society
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• v.7 no.2
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• pp.61-72
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• 2007

Prohibition Clauses of Business of Money Changing(${\S}32(1)7$) on the Game Industry Promotion Act of 2007 was introduced for the purpose of preventing game from becoming gambling. By making the independent requisite of constituting a crime that there was no criminal punishment former times, it is possible actively to deal with mixing of game and gambling. Prohibition Clauses of Business of Money Changing prevent the material or formless results that are obtained on the use of game from making a business of money change, intermediation of money change, or re-purchase of it. The material or formless results mean points, prizes, game moneys, or game data that is obtained on the abnormal use of a game. Most real money trade of a game item will be pull into the application of Prohibition Clauses of Business of Money Changing on the interpretation of it. Therefore this clauses have a tremendous effect upon the business of sweated workshops and intermediation web sites of game items. None the less Prohibition Clauses of Business of Money Changing will have positive influence to the future of game industry through the separation of game and gambling.