• Title/Summary/Keyword: 추적권

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A Study on the Requirements for Exercise of the Right of Hot Pursuit in the UNCLOS (UN해양법협약상 추적권 행사의 요건에 관한 고찰 - 상선 사이가(M/V Saiga)호 및 불심선 사건과 관련하여 -)

  • Kim, Jong-Goo
    • Proceedings of KOSOMES biannual meeting
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    • 2008.05a
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    • pp.197-204
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    • 2008
  • The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements of the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, that is not go beyond what is reasonable and necessary in the circumstances.

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A Study on the Requirements for Exercise of the Right of Hot Pursuit in the UNCLOS - With Respect to the M/V Saiga Case and the Unidentified Ship Case - (UN해양법협약상 추적권 행사의 요건에 관한 고찰 - 상선 사이가(M/V Saiga)호 및 불심선 사실과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.14 no.2
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    • pp.149-156
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    • 2008
  • The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements for the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, it should not be used beyond what is reasomable and necessary in the circumstances.

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The Object Based Image Masking Algorithm (객체기반 초상권 보호 영상처리 알고리듬)

  • 윤호석;임재혁;전우성;원치선
    • Proceedings of the Korean Society of Broadcast Engineers Conference
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    • 1999.11b
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    • pp.93-98
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    • 1999
  • 본 논문에서는 영상 내 존재하는 의미 있는 객체단위로 초상권을 보호하는 기법을 제안한다. 제안된 방법은 초상권 보호 객체선택 단계와 객체에 마스크를 적용하는 단계 그리고 마스크가 적용된 객체를 추적하는 단계로 나누어진다. 초상권 보호 객체선택 단계에서는 블록분류(block classification) 및 워터쉐드(watershed) 알고리듬을 이용하여 분할된 결과영상을 얻고 이를 이용하여 사용자가 원하는 객체를 마우스로 클릭함으로써 손쉽게 초상권 보호법을 적용시킬 객체를 추출할 수 있다. 이렇게 정의된 객체는 다음 단계에서 마스크를 적용 받게 된다. 첫 번째 프레임에서 마스크가 적용되면 다음 프레임부터는 객체추적과정에서 연된 화면사이의 움직임 및 밝기정보에 의해 객체를 추적, 계속 마스크를 적용함으로써 초상권을 보호할 수 있다. 제안된 알고리듬은 초상권 보호를 위한 모자이크 처리 시 화질 저하에 따른 시청자의 화면 거부감을 최소화시키고, 반자동영상분할 알고리듬을 사용하여 객체 단위로 초상권 마스크를 적용하여 초상권 보호대상물을 놓치지 않고 추적할 수 있어 신뢰도를 높일 수 있는 장점을 가지고 있다.

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A Study on the Right of hot pursuit of UNCLOS (UN해양법 협약상의 추적권에 관한 연구)

  • Seong, Yun-Chang
    • Proceedings of KOSOMES biannual meeting
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    • 2006.11a
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    • pp.15-24
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    • 2006
  • The hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has vi-olated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archi-pelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. It is not necessary that, at the time when the foreign ship within the territorial sea or the contiguous zone recevies the order to stop, the ship giving the order should likewise be within the territorial sea or the contiguous zone. If the foreign ship is within a contiguous zone, as defined in article 33, the pursuit may only be undertaken if there has been a vio-lation of the rights for the protection of which the zone was established. The right of hot pursuit shall apply mutatis mutandis to violations in the ex-clusive economic zone or on the continental shelf, including safety zones around continental shelf installations, of the laws and regulations of the coastal State applicable in accordance with this Convention to the exclusive economic zone or the continental shelf, including such safety zones.

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The Legal Status of Military Aircraft in the High Seas

  • Kim, Han Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.201-224
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    • 2017
  • The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (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 aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the 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 by military aircraft. According to the Article 110 of the 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 unauthorized 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. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

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Legal and Technical Issues of Using Location Information for Police Rescue (경찰 위치추적권 활용의 법적·기술적 문제와 개선방안)

  • Park, Kwang-Ju;Jang, Yun-Sik;Park, Ro-Seop
    • Korean Security Journal
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    • no.53
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    • pp.211-228
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    • 2017
  • In May 2012, the police was empowered to electronically obtain location information of mobile devices from the telecommunication service provides for the purpose of rescue by the Act on the Protection, Use, ETC. of Location Information, after years of pressure with repeated serious violent crime outbreaks and controversy concerning the risk of breaching privacy. This study examines the environmental, legal, and technological challenges related to location tracking at the time of five years after the amendment of the law. The bottom line of police's locating power is to secure the lives of people in deadly emergent circumstance. Therefore, location tracking using given information should be swiftly proceeded after consideration and judgment of justification in timely manner to electronically request information to mobile carriers, and it is necessary to have somewhat flexibility of interpretation to be applied to diverse situation. In addition, location tracking technology should be continuously updated through cooperation with the stake-holders. Recognizing substantial problems in practice, we identified and explored the issues including obtaining prior consent for tracking the user's location in case of emergency, confirmation of emergency situation requiring police presence, qualification of legitimate requester, and limited applicability in various circumstances, which are required to reconsidered in conjunction with the personal information protection laws. Additional practical issues may include the expenses for information provision and other incentives to promote active cooperation by the telecom companies.

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A Brief Report of the Short-Term Home Range Study of a Pair of Raccoon Dogs(Nyctereutes procyonoides koreensis) in a Rural Area of Gurye, Chonnam Province, South Korea Using Radiotracking Method (전라남도 구례 농촌지역에서의 단기원격무선추적을 이용한 너구리(Nyctereutes procyonoides koreensis) 한 쌍의 행동권에 관한 연구)

  • Kim, Baek-Jun;Choi, Tae-Young;Park, Chong-Hwa;Kim, Young-Jun;Lee, Hang
    • Korean Journal of Environment and Ecology
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    • v.22 no.3
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    • pp.230-240
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    • 2008
  • The primary aim of this study is to estimate the home range of a pair of raccoon dogs(Nyctereutes procyonoides koreensis) and to compare with the previous study of raccoon dogs in a rural area of Gurye, the southern part of South Korea. Radiotracking was regularly carried out on 2 raccoon dogs for 2 days every 2 months(in June, August, October and December, 2006). During the 2 days, radiotracking was usually conducted every $1{\sim}3$ hours through day and night. The analysis of tracking data with a total of $46{\sim}64$ bearings showed that the total home range size of the pair was $0.41km^2$, and mean home range size was $0.32km^2$ by 95% minimum convex polygons(MCP) estimate. The home ranges of the male and female were largely overlapping(about $70{\sim}95%$), and the sizes were not very much different from each other. However, there was a big difference between day $(0.01km^2)$ and night-time $(0.35km^2)$ home ranges, and it was largest in summer$(0.56km^2)$ and smallest in winter $(<0.01km^2)$. In addition, the home range of the pair included 1 core area and 4 different feeding areas. In conclusion, our raccoon dog home range data using the same individuals but with more frequent bearings per day and more extended tracking intervals still showed very similar results to the previous study with less frequent bearings per day and more extensive tracking days.

Home-range of Raccoon Dog Nyctereutes procyonoides Living in the Rural Area of Korea (농촌 지역의 너구리 Nyctereutes procyonoides 행동권)

  • Choi, Tae-Young;Park, Chong-Hwa
    • Journal of Ecology and Environment
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    • v.29 no.3
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    • pp.259-263
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    • 2006
  • The objectives of this paper are to estimate home range and core habitat area of raccoon dog living in the rural area of Korea. A radio-telemetry study was carried out on 22 raccoon dog individuals. Among these individuals, 4 raccoon dogs made 2 pairs and they were monogamous and moved together all the year round. Mean home-range size of 9 individuals which were radio-tracked more than 3 months was $0.80km^2$ (100% MCP). The mean home range size of male individuals was $0.98km^2$ (N=5, 100% MCP) and that of female individuals was $0.58km^2$ (N=4, 100% MCP). On the other hand, in case 95% MCP(Mininlum Convex Polygon) was applied, the gap of home-range size between sex distinction was closed to $0.63km^2$ (male) and $0.42km^2$ (female). The home range size of two pairs of which the male and the female were radio-tracked at the same time showed little difference. In case of one pair, the home range size(95% MCP) was $0.28km^2$ (male) and $0.26km^2$ (female) and in case of the other pair, it was $0.36km^2$ each (male and female). Consequently there seems no significant difference in the home-range size between a male and a female racoon dog except the unusual cases such as unpaired individuals or the ones with no fixed territory.

Effective Extraterritorial Application of Criminal Law outside the Territorial Sea - Related to the Enactment of the Korean Coast Guard Act - (영해외 해역에서 형사관할권 행사의 효율화 방안 - 해양경비법의 제정과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.18 no.5
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    • pp.446-454
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    • 2012
  • This study discusses effective extraterritorial application of criminal Law outside the territorial sea. The paper focuses on the factual differences between vessels and cars which justify the varying standard. Thus, warrantless searches and safety inspection need to be validated because of the exigent circumstances of the sea. Warrantless searches at sea may also be justified based on border search exception. These theories in U. S. law will be helpful for legislation and law enforcement related to the Korean Coast Guard's mission. The paper also discusses Korean Coast Guard's Act's newly enacted provisions concerning search, arrest and hot pursuit.