• Title/Summary/Keyword: 항공 테러

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A Study on the international legality issues of armed attack by drone (무인항공기의 무력공격을 둘러싼 국제법상 쟁점에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.37-61
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    • 2013
  • In modern international law, the absence of legal definition regarding drone(Unmanned Aerial Vehicle) has made legal scholars work on an typical analogy between aircraft codified in the international document and drone. The wording of the Convention on International Civil Aviation is limited to two categories of aircraft, such as civil aircraft and state aircraft, whereas military aircraft is not legally defined. As such it is, the current practices of the State regarding the drone flight over foreign territory have proven a hypothese that drone is being deemed as military aircraft. Principal usage of drone lies in reconnaissance and surveillance mission as well as so-called targeted killing, which is prohibited if the killing is treacherous. Claimed war against terrorism, however, is providing a legal rationale that targeted killing is not treacherous, and that the targeted person is not civilian but combatant. In such context, armed attack of drone is deemed legal and justified. Consequently, such attack is legal in the general context of the war. The rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict so long as they are employed in conformity with applicable laws of war. Drones may present interesting new challenges because of their sophistication and the technological advantage they convey to their operators.

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A Study on the Response to Acts of Unlawful Interference by Insider Threat in Aviation Security (항공보안 내부자 위협에 의한 불법방해행위의 대응을 위한 연구)

  • Sang-hoon Lim;Baek-yong Heo;Ho-won Hwang
    • Journal of Advanced Navigation Technology
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    • v.27 no.1
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    • pp.16-22
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    • 2023
  • Terrorists have been attacking in the vulnerable points of aviation sector with the diverse methods of attacks. Recently, Vulnerability is increasing because the Modus Operandi of Terrorism is carried out by exploitation of people in the form of employee working in aviation sector whose role provides them with privileged access to secured locations, secured items or security sensitive information. Furthermore, cases of insider threat are rising across the world with the phenomenon of personal radicalization through internet and social network service. The government of ROK must respond to insider threat could exploit to acts of unlawful interference and the security regulations should be established to prevent from insider threat in advance refer to the acts of unlawful interference carried out in foreign countries and the recommendations by USA, UK and ICAO.

A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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Contents application airport security equipment·facility for terror prevention (테러방지를 위한 콘텐츠 응용 공항보안 장비·시설)

  • Kang, maeng-jin
    • Proceedings of the Korea Contents Association Conference
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    • 2008.05a
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    • pp.228-235
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    • 2008
  • Terror for airplane, airport and passengers of the problems is being threat over the world. and since 9.11 terror of 2001 year, many countries have endeavored to prevent terror and have manipulate airport security part as important field. Especially, The U.S.A made Transportation security Administration in Homeland security adminstration and strongly execute for policies related anti-terror. many countries over the world enforce airport and airplane security facilities with science-technology contents. and with security exploitation for the passengers and freight security inspection level enforcement, many countries also make effort to interupt aviation terror threat. In this process, in the center of developed countries that need science-technology contents adaption, much budget and personals are invested and exploited a security inspection instrument and complimented of many facilities As a result, according to the development of science-technology, prevention of Terror have much developed. The contents using intelligence-communication technology inevitably needed on the goal of terror prevention and safty. From simple monitoring for the people who come in and out airport to boarding process and inspection for the freight, security inspection process for the passengers, bio information input, confirmation, of the level that there is no cases of adaption of contents, The reality have generalized of using contents. The study is going to research contents application situation.

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A Study on 2010 Beijing Convention for Antiterrorism of International Aviation - Compared Beijing Convention(2010) with Montreal Protocol - (국제항공테러방지 북경협약(2010)에 관한 연구 - 몬트리올협약과의 비교를 중심으로 -)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.79-112
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    • 2010
  • The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

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A Legal Study to Prevent Artificial Disasters : Focusing on Airport Screener (인위적 재난의 방재를 위한 법적 개선에 관한 연구:공항 보안검색요원을 중심으로)

  • Jeong, Jin-Man
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2023.11a
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    • pp.47-48
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    • 2023
  • 보안검색은 항공보안에서 가장 핵심적이고 기본적인 분야이다. 9.11 테러 이후 전 세계적으로 보안검색이 강화되었으나 보안검색단계에서 위해물품을 색출하는 것에는 한계가 따른다. 최근 국내 공항의 경우 언론에 보도된 보안검색 실패사례 외에도 다수의 실패사례가 보고되고 있으며 그에 따른 원인과 대책 방안의 하나를 법규에서 찾아보고자 한다. 본 연구는 현재 시행되고 있는 관련 법규와 선행연구 분석을 통해 얻은 결론으로 보안검색요원의 교육과 법적 지위 등의 제도적 문제점을 착안하고 그에 따른 개선안을 도출하여 제시하고자 한다.

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Flight Operation Policy in Laser Beam Hazards (레이저 광선 위험에 있어서 운항 정책)

  • Kim, Mu-Geun;Kim, Jeong-Sik;Gang, Ja-Yeong
    • 한국항공운항학회:학술대회논문집
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    • 2016.05a
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    • pp.192-195
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    • 2016
  • 레이저 광선은 CD 및 DVD 플레이어, 바코드 스캐너, 휴대용 포인터부터 엔터테인먼트용 빛 쇼, 군사용 무기에 이르기까지 다양한 용도로 사용되고 있다. 하지만 운항 중인 항공기에게 레이저 광선의 투시는 조종사의 시각적, 심리적 뿐만 아니라 항공기 항행시스템까지 악영향을 끼쳐 항공안전에 치명적 영향을 줄 수 있다. 또한 주변에서 쉽게 구할 수 있는 레이저 광선을 이용하여 항공기 테러용으로 쉽게 이용할 가능성도 제기되고 있다. 본 논문에서는 레이저의 특성, 인체에 미치는 영향, 레이저의 안전한 이용과 관련한 국내외 레이저 운영 정책 비교 및 비행 중 레이저의 영향을 최소화 할 수 있는 방법을 알아보았다.

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Conclusion of Conventions on Compensation for Damage Caused by Aircraft in Flight to Third Parties (항공운항 시 제3자 피해 배상 관련 협약 채택 -그 혁신적 내용과 배경 고찰-)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.35-58
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    • 2009
  • A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

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A Study on the Application of International Conventions to Respond to Cyber Threats in Civil Aviation (민간항공의 사이버위협 대응을 위한 국제협약 적용에 관한 연구)

  • Park, Man-Hui
    • Proceedings of the Korean Society of Disaster Information Conference
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    • 2023.11a
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    • pp.41-42
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    • 2023
  • 항공편과 승객의 흐름을 효율적으로 처리하기 위한 디지털 시스템에 대한 의존도 증가와 승객용 기내 와이파이 서비스 등으로 인해 민간항공의 사이버 보안 취약성은 매년 증가하고 있는데 비해 공항에 대한 무장 공격, 항공기에 폭발물 설치 및 납치와 같은 전통적인 테러에 맞춰 마련된 항공보안 관련 국제협약은 사이버 위협에 직접적으로 적용하기 어렵다는 문제를 갖고 있다. 본 연구는 민간항공에 대한 사이버 공격의 예방 및 기소와 관련된 국제협약의 적정성을 검토한 후, 사이버 위협 대응을 위한 기존 국제협약 체계, 잠재적 차이 해석 등을 중점적으로 분석하여 민간항공의 안전을 위협하는 불법방해행위로부터 중요정보 및 시스템을 보호하는 항공 사이버 보안 국제표준 마련 및 이행 촉진을 강조하고자 한다.

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Security Problems in Aircraft Digital Network System and Cybersecurity Strategies (항공기 디지털 네트워크 시스템 보안 문제점과 사이버 대응 전략)

  • Lim, In-Kyu;Kang, Ja-Young
    • Journal of Advanced Navigation Technology
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    • v.21 no.6
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    • pp.633-637
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    • 2017
  • Cyber attacks on aircraft and aeronautical networks are not much different from cyber attacks commonly found in the ground industry. Air traffic management infrastructure is being transformed into a digital infrastructure to secure air traffic. A wide variety of communication environments, information and communications, navigation, surveillance and inflight entertainment systems are increasingly threatening the threat posed by cyber terrorism threats. The emergence of unmanned aircraft systems also poses an uncontrollable risk with cyber terrorism. We have analyzed cyber security standards and response strategies in developed countries by recognizing the vulnerability of cyber threats to aircraft systems and aviation infrastructure in next generation data network systems. We discussed comprehensive measures for cybersecurity policies to consider in the domestic aviation environment, and discussed the concept of security environment and quick response strategies.