• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.3-43
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• 2018

Auf die ganze Welt macht unbemannte $Flugger{\ddot{a}}te$(sog.Drohnen) in vielen Bereichen rasch Fortschritte und Anwendungen gezeigt. Nachdem ferngesteuerte Drohnen $urspr{\ddot{u}}nglich$ $prim{\ddot{a}}r$ $f{\ddot{u}}r$ $milit{\ddot{a}}rische$ Zwecke entwickelt wurden, $erh{\ddot{o}}cht$ sich derzeit ihre zivile Nutzung sowohl im Freizeit- als auch im Dienstleistungsbereich(Paketdrohnen, Drohnen-taxi) stetig. Mit der vermehrten Drohnennutzung steigen allerdings auch die damit verbundenen Risiken und Herausforderungen. In Zusammenhang damit stellt sich dann die Frage, ob $gegenw{\ddot{a}}rtige$ Vorschriften im Bereich von Luftrecht zurecht gekommen sind. Es sieht sich gerade der zwei Schwerpunkt $gegen{\ddot{u}}ber$. Erstens kann $Passagierebef{\ddot{o}}rderung$ mit unbemanntem Luftfahrzeug(mehr als 150kg) im $gegenw{\ddot{a}}ritigen$ Luftrecht keine Anwendung finden. Denn das kor. Luftsicherheitsgesetz und sein Durchsetzungsverordnung definieren die Terminologie von unbemannten Luftfahrzeugen und unbemannten $Flugger{\ddot{a}}te$ als "wenn eine Person nicht an Bord geht und ferngesteuert wird". Also soll Drohne nach dieser gesetzlichen Definition nur "ohne Person" geflogen werden. Das besagt ohne Piloten und ohne Passagiere. Zweitens ist unbemannte $Flugger{\ddot{a}}te$(weniger als 150kg) nicht auf Handelsgesetz anzuwenden, auf das ${\ddot{u}}ber$ Anspruchsgrundlage und Zurechnungsnorm des gewerblichen Luftverkehr geregelt ist. Der unbemannte Luftfahrzeuglieferdienst bringt nicht nur die Gefahr einer $Besch{\ddot{a}}digung$ des Frachtguts mit sich, sondern auch die Gefahr von $Bodensch{\ddot{a}}den$ durch Dritte. Gemäß ${\S}$ 896 des Handelsgesetzes ist aber die Anwendung von unbemannte $Flugger{\ddot{a}}te$(weniger als 150kg) $hierf{\ddot{u}}r$ begrenzt, weil unbemannt $Flugger{\ddot{a}}te$ $einschl{\ddot{a}}gig$ in Ultralight $Flugger{\ddot{a}}t$ ist, die im Handelsgesetz ausschließlich besteht. Technische Fortschritt und die dadurch $erm{\ddot{o}}glichten$ kommerziellen Anwendungen werden die Nachfrage nach unbemannter $Flugger{\ddot{a}}te$ wecken. Die Umsetzung der $bez{\ddot{u}}glichen$ Vorschriften sollte auch diese Entwicklung aktiv begleitet und $fr{\ddot{u}}hzeitig$ kommuniziert und erarbeitet werden, damit Hersteller und Nutzer $fr{\ddot{u}}hzeitig$ Planungssicherheit haben.

• Journal of Advanced Navigation Technology
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• v.20 no.5
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• pp.446-452
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• 2016

The aircraft has to be considered for safety very importantly because of peculiarity of flight in the air, so it should be retained through proper inspection and maintenance not only in production phase but also in operating phase. Recently, it is using the latest technology as engineering approach not depending on human factor to determine on maintenance needs, and domestic production rotary aircraft also has the health & usage monitoring system to measure and to monitor major components. However, continued vibration exceedance phenomenon occurred in production and operation phase because of inappropriate thresholds, and it confirmed as false alarm which is not necessary to repair. In this paper, it is described that operational concept of HUMS, and especially it contains a study result for efficiency of aircraft operation and ultimately the improvement of flight safety by optimizing HUMS thresholds to determine efficiently necessity of maintenance under limited conditions and by establishing inspection/maintenance procedures when the re-designated thresholds exceedance occurred.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.3-32
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• 2020

With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.

• Review of KIISC
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• v.30 no.2
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• pp.49-57
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• 2020

군사 등의 특수 목적으로만 사용되었던 무인비행체 드론이 최근 상용 수준의 간결한 구조와 저가화가 가능해지면서 여러 제조업체를 통하여 민간분야의 다양한 응용에 활용 가능함을 증명하고 있다. 그러나 제조업체들 간의 시장 우위 선점을 위한 과열 경쟁으로 인하여 보안 안전성 검증 단계를 거치지 않은 드론과 이에 수반되는 애플리케이션이 시장에 바로 출시되면서 이들이 우리 사회를 향한 공격도구로 활용될 수 있다는 새로운 잠재적 위협이 우려되고 있다, 이와 관련하여 현재 드론과 애플리케이션과의 연결 및 데이터 통신 과정에서 완성도가 낮은 접근제어 기술이나 암호화되지 않은 통신방식을 비롯하여 드론 내부 소프트웨어의 코딩 상의 문제점 등에 의하여 다양한 취약점이 노출되고 있는 상태이다. 이러한 취약점들로 인하여 드론의 인증 해제 및 하이재킹을 통한 불법 영상촬영이나 개인정보의 유출 등을 비롯하여 특정 목표물을 향한 드론의 고의적 추락 등이 발생할 경우 재산 피해뿐만 아니라 인명 피해까지 발생할 수 있다. 특히, 현재의 드론 응용은 초기단계여서 향후 다양한 응용과 유관 기술들이 폭넓게 전개되어야 하는 시점에서 이러한 사고 가능성은 매우 심각하게 인식되어야 할 것이다. 더구나 제4차 산업혁명 시대의 드론은 비상시를 위한 다이나믹 모바일 게이트웨이 역할까지도 수행하여야 하는 환경에서 악의적인 행위는 전체 사회로 확산될 우려도 있으므로 미래 사회의 드론을 위한 안전문제는 매우 시급하고 중대하다고 할 수 있다. 이에 본 고에서는 현재까지 발표된 드론에 대한 다양한 보안위협을 조사하고 이러한 보안 위협을 요소별로 분류하여 정리하였다. 본 기고가 간단하게나마 정리한 내용을 통하여 다양한 보안위협에 대한 대응기술을 준비하기 위한 시발점이 되었으면 한다.

• 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 Journal of Social Welfare
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• v.38
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• pp.153-179
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• 1999

Despite the enforcement of minimum legal drinking age of 18 years of age since 1997, alcohol experimentation among Korean youth is believed to be greater than ever before. The use of alcohol jeopardizes physical, mental, and social development during a person's formative years, thereby endangering successful transitions from adolescent to adulthood. Even infrequent use of alcohol may result in intoxication and acute consequences, especially among youth, who may have low tolerance due to their smaller body size and may lack experience with the effects of alcohol. Using self-report questionnaire data collected from 1,697 highschool students nation-wide, the drinking behavior among Korean high school students and the relation between adolescents' alcohol expectancy and adolescent alcohol use patterns were examined. Results indicated that gender and the type of school(academic or vocational) were significant effects on the drinking behavior(drinking frequency, experience of drunkenness, the amount of alcohol consumed, experience of binge drinking and that of problems due to drinking). Male students than female students, and students of vocational schools rather than those of academic high schools reported more alcohol experimentation. Also, positive alcohol expectancy proved to have a significant relation with alcohol use among high-school students. That is, students who reported to think alcohol would have a positive effect on socializing, aggressiveness, relaxation of tensions, and enforcing sexual ability tended to drink more, to experience more binge drinking and more drinking problems. Variables of gender and the type of school also were found to have significant effects on alcohol expectancy. Males and students of vocational school held ideas of positive outcomes on drinking than others. Implications for further study on developing prevention programs are presented.

• 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.

• Korean Security Journal
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• no.37
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• pp.137-163
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• 2013

This research will incorporate cases from U.S public schools to analyze the factors which influences the security within the school and efficient security patterns to suggest an adequate suggestion to elevate domestic school security system. This study is divided into two following models: a serious criminal offense model, which considers crimes occurred on campus as subordinate variables, and a school violence model, which considers as subordinate variables after limiting an act of delinquency and an a group action that can harm the safety of students, although they are not included in the categories of crimes. First, from analyzing the factors which influences security within school, the explanation power of serious crime offense safety model and school violence safety model is measured 12% and 11.3%. In serious crime offense safety model, the safety education for students, among the safety programs provided by schools(t=2.548, p=0.011), parent participation to school management(t=10.694, p=0.000), Security activities on campus(t=3.643, p=0.000), and CPTED activity(t=6.467, p=0.000) are statistically significant, as affecting factors on the safety from serious crimes. Similarly in school violence model, the safety education for students, among the safety programs provided by schools(t=3.228, p=0.001), parent participation to school management(t=12.034, p=0.000), security activities on campus(t=2.663, p=0.000), and CPTED activity(t=3.928, p=0.000) are statistically significant, as affecting factors on the safety from school violence. Second, according to the analytic results on figuring out the optimal pattern to heighten the security activities, the serious offence model's explanatory power was 4.4% and school violence safety model rated 3.9%. With the serious offense safety model, the activity factors which showed statistically significant in influencing safety from serious offenses were cooperation with local police force (t=2112, p=0.035), school policy management (t=3.309, p=0.001), security patrolling activity (t=2.548, p=0.011). In the school violence model, security activities initiated by the school which showed statistically significant from serious offenses were cooperation with local police force (t=2.364, p=0.018) and policy management (t=4.142, p=0.000). In accordance with the result of this study, education for students rather than education for teachers is more positive in terms of the safety on campus, and parent participation, like education, is consistently needed for the safety on campus. In case of CPTED activity, reinforcing plans should be prepared by intactly accepting examples in the USA. In case of security activity, plans that can increase visibility and reinforce cooperation with local police in a smooth way will provide a positive effect to the safety on campus.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.145-176
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• 2016

Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.385-444
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• 2003

Current Military Airbase Law, in an effort to promote safety of military aircraft and security of military airbase, requires an administrative agency or its empowered branch to consult with the Secretary of Defense or the commander of the airbase before they issue a certain administrative approval or decision related to the installation. Although this consultation process purports itself in simplifying what can be an protracted administrative procedure, and in unifying objectives of the military and the administrative services, such procedural requirement is vulnerable inevitability of various legal problems whenever there is a conflict of interests among civil, military, government services. Nor is there sufficient studies done by academian in the area of bureaucratic issues of administrative resolution, and certainly not in the area of the military consultation procedure. This article, with such reality in mind attempts to constructively examine 1) when a consultation application is submitted, whether the discretionary power of the commander of the affected airbase is acknowledged at the outset; 2) if the content of the consultation is deemed unlawful, whether a civilian can institute an administrative lawsuit against it; 3) problems about the subject matters of the consultation requirement within the framework of military airbase law; 4) whether the issuing administrative agency must abide by and issue approval or decision in accordance with the opinion proposed by the said commander; 5) the legal problems of the remedial measure such as an order of removal, appellate review, notion to challenge authority, and etc. in cases such as administrative agency ignoring the commanders proposal or issuing final approval or decision that is inconsistent with what was consulted and agreed upon between both parties.