• Title/Summary/Keyword: 비행의 자유

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International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.3-30
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    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

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A Study on Improvement γ-Reθt Model for Hypersonic Boundary Layer Analysis (극 초음속 경계층 해석을 위한 γ-Reθt모델 개선 연구)

  • Kang, Sunoh;Oh, Sejong;Park, Donghun
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.48 no.5
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    • pp.323-334
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    • 2020
  • Since boundary layer transition has a significant impact on the aero-thermodynamic performance of hypersonic flight vehicles, capability of accurate prediction of transition location is essential for design and performance analysis. In this study, γ-Reθt model is improved to predict transition of hypersonic boundary layers and validated. A coefficient in the production term of the intermittency transport equation that affects the transition onset location is constructed and applied as a function of Mach number, wall temperature, and freestream stagnation temperature based on the similarity numerical solution of compressible boundary layer. To take into account a Mach number dependency of transition onset momentum thickness Reynolds number and transition length, additional correlation equations are determined as function of Mach number and applied to Reθc and Flength correlations of the baseline model. The suggested model is implemented to a commercial CFD code in consideration of practical use. Analysis of hypersonic flat plate and circular cone boundary layers is carried out by using the model for validation purpose. An improvement of prediction capability with respect to variation of Mach number and unit Reynolds number is identified from the comparison with experimental data.

Japan's Missile Detection Capability using Electromagnetic Wave in free space (일본의 자유공간에서 전자파를 이용한 미사일 탐지능력)

  • Lee, Yongsik
    • Journal of Satellite, Information and Communications
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    • v.12 no.4
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    • pp.78-86
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    • 2017
  • Japan has a lot of interest about weapons systems development of surrounding national and has invested heavily in securing intelligence assets to get information about them, because of conflict issues between Japan and Russia with four northern islands, China with Senkaku Islands and entry policy into the Pacific. Japan has used a large budget to detect and intercept ballistic missile for reasons of the launch of the Taepodong missile in 1998. After took over SIGINT equipments which U.S. force had operated in 1950s~1960s, Japan made a technological analysis and advanced IT technology to produce superior equipments. Japan's SDF has installed them in 19 locations across Japan. In addition, Japan's JASDF has installed advanced early warning RADAR to detect aircraft and high speed ballistic missile entering JADIZ with S-band in 28 locations across Japan. It is possible to detect missile launch preparations, engine tests, and launch moments at any time for operation of 6 satellites high resolution reconnaissance system and 6 aegis ships. In close cooperation with the US, Japan is accessible to the SBIRS networks which detects the launch of a ballistic missile in neighboring countries. In the future, Because the United States wants Japan to act as part of the United States in East, south Asia, it is believed that the exchange of intelligence on the surrounding countries between two countries will be enhanced.

A study on the development of surveillance system for multiple drones in school drone education sites (학내 드론 교육현장의 다중드론 감시시스템 개발에 관한 연구)

  • Jin-Taek Lim;Sung-goo Yoo
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.1
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    • pp.697-702
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    • 2023
  • Recently, with the introduction of drones, a core technology of the 4th industrial revolution, various convergence education using drones is being conducted in school education sites. In particular, drone theory and practice education is being conducted in connection with free semester classes and career exploration. The drone convergence education program has higher learner satisfaction than simple demonstration and practice education, and the learning effect is high due to direct practical experience. However, since practical education is being conducted for a large number of learners, it is impossible to restrict and control the flight of a large number of drones in a limited place. In this paper, we propose a monitoring system that allows the instructor to monitor multiple drones in real time and learners to recognize collisions between drones in advance when multiple drones are operated, focusing on education operated in schools. The communication module used in the experiment was equipped with GPS in Murata LoRa, and the server and client were configured to enable monitoring based on the location data received in real time. The performance of the proposed system was evaluated in an open space, and it was confirmed that the communication signal was good up to a distance of about 120m. In other words, it was confirmed that 25 educational drones can be controlled within a range of 240m and the instructor can monitor them.

The International Legality of the North Korean Missile Test (북한미사일 실험의 국제법상 위법성에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.211-234
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    • 2009
  • North Korea conducted the launcher test, which, as North Korea claimed, belonged to the sovereign rights for the purpose of peaceful utilization and exploration of the outer space. The launching was allegedly done for the sole purpose of putting the satellite into earth orbit, while international community stressed the fact that the orbiting of satellite was not confirmed and that the technology used was not distinct from the purpose of building intercontinental ballistic missile. UN Security Council adopted the resolutions which took the effect that the launching was deemed as the missile launching, not the mere launcher test. North Korea declared the moratorium of suspending its test activity. Controversial issues have been raised regarding whether the launcher itself has the legal status of enjoying the freedom of space flight based upon the 1967 Outer Space Treaty. The resolutions, however, has put forward a binding instrument forbidding the launching. UN Security Council resolutions, however, should be read not as defining the missile test illegal, in that the language of resolutions, such as 'demand', should be considered as not formulating a sort of obligatory act or inact. On the other hand, the resolutions should be read as having binding force with respect to any activity relating to the weapons of mass destruction. The resolution 1718 is written in more specific language such as 'decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'. Therefore, the lauching activity of the North Korea is banned by the UN Security Council resolution. It should be noted that the resolution does not include any specific provisions defining the space of activity of the North Korea as illegal. But, the legal effect of the moratorium is not denied as to its launching itself, which is corresponding to the missile test clearisibanned in accordance with the resolutions.

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Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.29-54
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.35-58
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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