• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.3-27
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• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

• Convergence Security Journal
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• v.14 no.3_2
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• pp.83-91
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• 2014

International society got a severe shock from terrorism of hostage, abduction and murder that was committed on a target of Israel athlete delegation in Munich Olympics, West Germany by Black September, a Palestine terrorism organization. Korea with 1986 Asian Games and 1988 Olympics ahead was directly and indirectly exposed to threats of North Korea's nation-support terrorism, a military provocation and a local war limited warfare. This study explores the roles of the police at the time of the National Police Headquarters with regard to counter-terrorism, and analyzed academic research trends of Studies of Counter-terrorism published by the same office between 1983 and 1990. Looking into them shows a fact firstly, that the most frequently appearing key words in common were "terrorism," "hostages," "measures," and "international," etc. Secondly, before and after 1988 Olympics, the key word "Olympics" was frequently addressed. Thirdly, looking at the difference by the year, the key word, "policies of defense and borderlands" was frequently addressed between 1983 and 1984, "terrorism against South Korea," and "civil aircraft" frequently addressed in 1985, and "corporate" in 1986. In 1987, the key word "terrorism trends" was addressed, and in 1990, "international terrorism," and "separatism" were used.

• Korean Security Journal
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• no.34
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• pp.89-113
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• 2013

Travel by airplane using airport in globalized modern society is familiar to our life but such airport can be a target of terrorists who would threaten our safety. However, aviation terrorism which is represented by 9.11 terror gives horror beyond our imagination to modern people. Since the first airplane hijacking in Peru in 1931 happened, security organization in each nation has taken various prevention measures to block aviation terrorism. The most realistic measures to prevent aviation terrorism would be security check activity to control approach of terrorist that passengers on airplane and cargos are checked to find out dangerous article like explosive etc. But security check activity in Korea shifted to security check activity focused on private security for efficiency of airport operation differently from security check activity in advanced countries where public interests is strengthened according to risk of terror after 9.11 system. That is, since Incheon airport opened in March 2001, security check system focused on the police was changed. Now Incheon international airport Corporation instructs and supervises security check job and private security personnel are in charge of actual security check activity. But this check system has limitation in blocking terror activity by terrorists which is systematized and intelligent as time passes due to deteriorated job satisfaction of private security personnel and confusing supervising system. Accordingly, it is suggested to introduce risk management skill which is one of management strategy of private corporation for security check activity to prevent terror activity. With this skill, risk factors of aviation terror are identified and analyzed regularly, and each process such as setting of priority, activity to reduce risk, and assessment of security is carried out. And it would be necessary to do efforts, for example, to properly change level of security check according to threat of terror such as to place policeman at airport security in case threat of terror is severe. On the other hand, it is necessary to establish national police organization for good communication of security check activity in field and supervising function, which can encourage systematization and specialization of aviation security job.