• The Korean Journal of Air & Space Law and Policy
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• v.21 no.2
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• pp.157-179
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• 2006

According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.69-100
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• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.33-66
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• 2014

While the numbers of overseas travelers has been increased rapidly each year, the numbers of passengers in the aircraft also has continued to be increased gradually. In the mist of these increasing numbers, such accidents as threatening an aircraft safety like riot, aircraft hijacking and terrorism have happened constantly. In these circumstances, South Korean government has prescribed "Aviation on Security Act" in accordance with the Convention on International Civil Aviation and other international agreements. This act aims to prevent illegal activities and illegal items on the aircraft to ensure the safety and security of civil aviation. However, this act is not sufficiently regulating all the illegal crimes and illegal items on the flight. For the worse, there is a lack of effective supervisory capacity. Likewise, the inherent problems of the current laws relating to the prevention of the illegal items on the aircraft are appearing on the surface continually. Above all, illegal items on the aircraft are directly connected to the issue of aviation safety and security as well as a safe utilization of the flight service. Thus, when there occurs a serious accident on board, it surely would be led to a huge economic loss not mentioning the loss of lives following the accident. Therefore safety of the flight passengers cannot be guaranteed without ensuring the safety of aircraft facilities and good supervisory mechanism of illegal items on the aircraft. Accordingly, establishing a safe operation order tends to influence economy and tourism of a country in no small measure. Therefore, it is an urgent issue to settle down a reasonable and adequate supervisory regulations regarding the prevention of the illegal items on the aircraft. Consequently, in this article, I studied on a reasonal and effective mechanism to control the prevention of the illegal items and illegal acts on the aircraft in order to ensure a safety and security of civil aircraft.

• Journal of Aerospace System Engineering
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• v.13 no.2
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• pp.60-65
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• 2019

TerraSAR-X, launched in June 2007, and TanDEM-X, June 2010, are remote-sensing satellites with 1M resolution that are capable of observing the ground even during the nighttime and poor weather conditions. The two satellites had been developed under a public-private partnership between the German Aerospace Centre and Airbus in the interest of the commercial marketing for German satellite data. However, the data of high-grade earth remote-sensing system, such as those of the satellites, has been produced by a military satellite and thus used under limited circumstances in Germany. Therefore, a legislation to commercialize the German satellite data and to protect its national security is needed. For this, SatDSiG was enacted in December 2007. Thus this article will contain the main contents of SatDSiG and its implication for Korea, which stared to export data of Kompsat 3, 3A and 5 in 2018.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.27-54
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• 2010

Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.155-175
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• 2007

As intellectual terror threats increase, we feel the limit in coping with those threats and the things we do are placing traditional X-ray machines & ETD and increasing aviation security staffs. In fact, even if air transportation system is the fast and most efficient transportation methods, it is true that there are many inconveniences to endure due to terror threats. In the name of security, even if we make a lot of efforts and time to screen both good-natured passengers, baggage, cargo and suspicious passengers, it is impossible to screen perfectly and it is not an efficient methods. Therefore, we introduce profiling system that reduce the effort to screen good-natured passengers but focus on screening dangerous passengers and baggages. Profiling system strengthens aviation security, using the concept "Selection & Concentration". Israel started to introduce manual profiling system in aviation security, which is interviewing suspicious passengers and it has been used in crime investigation since 1960. And it has been upgraded and diversified to CAPPS(Computer Assisted Passenger Screening Program) and SPOT(Screening Passenger by Observation). So, this theses is to study on the concept & kind of profiling and profiling methods adopted in airlines. Also it presents the method of introduction of profiling system in Korea and the necessity of making law on it.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2022.10a
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• pp.407-411
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• 2022

공항 시설에서 통틀어 보안이 가장 취약한 곳은 Landside이다. 항공기 테러가 빈번하던 시절에는 X-ray를 비롯한 검색기술의 수준이 높지 않았던 탓에 Hijacking이나 폭발물에 의한 피해가 많았었다. 물론 기술이 발전한 현대에 와서도 Hijacking이나 항공기 폭파 같은 테러가 발생하고 있지만 9.11테러 이전보다는 훨씬 감소한 상황이다. 최근에는 보안수준이 높은 Airside 보다 상대적으로 보안이 취약한 Landside에 대한 보안 강화가 필요하다. 그 이유는 테러의 유형이 협상의 여지가 없는 최대피해와 최대공포를 주는 방식으로 변화하고 있기 때문이다. 따라서 상대적으로 부담이 덜하고 유동인구가 많은 Landside가 Soft Target이 되었다. 이런 상황에서 대한민국 공항이 어떻게 대응해야 하는지 관련된 법을 중심으로 본 연구를 진행해 보고자 한다.

• Convergence Security Journal
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• v.17 no.5
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• pp.163-178
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• 2017

Recently, drone applications have been expanded not only in the military and security fields but also in daily life such as commercial and sports, and there is also a growing interest in using drone for private security work. This study focuses on the discussion on the use of drones in private security, drones regulation in the related laws such as the Private Security Act and the Aviation Safety Law, and major issues in accepting the Private Security Act. First, it focuses on the scope of private security work as defined by the Private Security Act, focusing on the use of drones as surveillance, information gathering, guidance and warning services, evacuation services, search and related material transport services, respectively. Second, the related laws for the use of drones in private security work include the Private Security Act and the Aviation Safety Act. However, the Private Security Act does not prescribe the current drones and the use of drones is regulated by Aviation Safety Act. Third, it is necessary to adjust the qualifications and authority range of security guards in the Private Security Act, to accept the drones as a type of security equipment, and to consider how countermeasures against threat types using drones should be accepted in the Private Security Act.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• Journal of the Korea Convergence Society
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• v.11 no.5
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• pp.209-217
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• 2020

The background of the research is the following. With the prosperity of drone industry, the government has been actively promoting measures to nominate 'drone photographing free areas'. However, existing laws, and procedures are rather unclear with related environmental factors in discordance with one another. Hence, voices in need for establishing a clear precondition for nominating drone photography free area have been rising. The purpose of the research is to provide measures for the preconditions to establish photography free areas for convenient drone photographing. The research utilizes literary methods, conducting focus group interviews to coordinate with specialists who can participate and discuss so that they can provide improvement measures. The research renders improvement measures in different sectors including 2x items in aviation security law, 8x items in free area nomination and procedure, 4x items in infrastructure establishment and information management area. The expected effects are the following: by attaching drone photography with aviation security law, nominating photography free area can be linked up with the Ministry of Land Infrastructure and Technology. Secondly, by enlarging photography restricted area to upper mid-air, a three dimensional drone security will be possible. Thirdly, by providing a 'Yongin area standard model', free area nomination will become more easy. Future research will focus on enhancing aviation security law regarding drone photographing. In addition, the promotion to nominate free areas for 33x responsible areas in accordance with the National Intelligence service will be required.