• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.17 no.4
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• pp.399-405
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• 2011

Recently, the navigation risk is increasing significantly with growth of marine traffic volume and construction of marine facilities, water bridges, port development and marine wind farm etc. To reduce this kinds of risk, Ministry of Land, Transport and Maritime Affairs enacted a new law called MSA(Maritime Safety Audit) as a comprehensive maritime traffic safety management scheme in order to ensure safety improvements from the early planning stage to post managing of the development which affect the maritime traffic environment. MSA as a tool for improving maritime traffic safety is a formal safety assessment in the existing or future ship's fairway by an independent audit team. It examines the potential hazards of maritime traffic safety, if necessary, and is to ensure the implementation of appropriate safety measures. The object of this paper is to comprehensively evaluate the achievements and implementation problems of MSA about the 2 years, to define the fundamental problems of MSA by conceptualizing and analyzing MSA limits. MSA requires further examination about the introduction of screening and scoping in order to increase the efficiency and objectivity. It will be required the measures concerning policies directions as a tool for planning process for project owner. It will lead to right understanding concerning audit scheme and used in various ways such as amendments to related law.

• Journal of Legislation Research
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• no.44
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• pp.465-485
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• 2013

Mit dem Patientenrechtegesetz, das im $Fr{\ddot{u}}jahr$ 2013 in Kraft treten soll, $f{\ddot{u}}rt$ der Gesetzgeber eine jahrzehntelange Diskussion um die Rechte von Patientinnen und Patienten zu einem guten Ende. Demnach geht es darum, Transparenz ${\ddot{u}}ber$ die bereits heute bestehenden, umfangreichen Rechte der Patientinnen und Patienten herzustellen, die $tats{\ddot{a}}chliche$ Durchsetzung dieser Rechte zu verbessern, zugleich Patientinnen und Patienten im Sinne einer verbesserten Gesundheitsversorgung zu $sch{\ddot{u}}tzen$ und insbesondere im Fall eines Behandlungsfehlers $st{\ddot{a}}rker$ zu $unterst{\ddot{u}}tzen$. In Verfolgung dieser Zwecke $schl{\ddot{a}}gt$ die Bundesregierung ein Artikelgesetz vor, dessen wesentliche Teile das BGB und das Recht der sozialen Krankenversicherung betreffen. In das BGB soll ein neuer Abschnitt ${\ddot{u}}ber$ den "Behandlungsvertrag" $eingef{\ddot{u}}gt$ werden. Als Standort ist der ${\ddot{U}}bergang$ vom Dienstin das Werkvertragsrecht vorgesehen, der um die neu zu schaffenden Vorschriften der ${\S}{\S}$ 630 a bis 630 h BGB erweitert wird. Die acht Paragrafen enthalten im Kern eine Kodifikation der von der Rechtsprechung entwickelten $Grunds{\ddot{a}}tze$ zur Arzthaftung. Der Beitrag stellt die bisherige politische Diskussion des Patientenrechtegesetzes vor (II). Im Anschluss daran wird die einzige wesentliche Neuerung des Gesetzes $n{\ddot{a}}her$ untersucht und werden Regelungsziel und Grundkonzept der Kodifikation einer $Pr{\ddot{u}}fung$ unterzogen (III). $Schlie{\ss}lich$ werden einen politischen Ausblick auf die neuen Herausforderungen und die Bewertung der $gegenw{\ddot{a}}rtigen$ Lage und der erwarteten Entwicklung gezogen (IV).

• Maritime Security
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• v.1 no.1
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• pp.311-343
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• 2020

Because of the global warming, the Arctic Ocean is expected to be ice-free by the year 2035. When the Arctic Ocean will be opened, a number of national interests will become more salient as experiencing a shortened sailing distance and decreasing navigation expense, possibility of natural resources transport by sea from Arctic Circle, and indirect-profit making by building a herb port in Asia. To secure the national interests and support the free activities of people in this region, R.O.K government is trying to make advanced policies. In order to carry out the naval tasks in the Arctic Ocean, using the operational characteristics(mobility, flexibility, sustainability, presence of capabilities, projection) is necessary. To this end, ROK Navy should analyze the operational environment (O.E.) by its capability(weakness and strength), opportunity, and threat. R.O.K. Navy should make an effort over the following issues to implement the tasks in the Arctic Ocean: first, Navy needs to map out her own plan (Roadmap) under the direction of government policies and makes crews participate in the education·training programs in home and abroad for future polar experts. Third, to develop the forces and materials for the tasks in cold, far operations area, Navy should use domestic well-experienced shipbuilding skills and techniques of the fourth industrial revolution. Next, improving the combined operations capabilities and military trust with other countries in the Arctic region to cover the large area with lack of forces' number and to resolve the ports of call issues. Lastly, preparation in advance to execute a variety of missions against military and non-traditional threats such as epidemics, HA/DR, SOLAS, in the future operation area is required.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.185-210
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• 2021

On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.109-134
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• 2014

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

• Journal of Navigation and Port Research
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• v.32 no.1
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• pp.109-114
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• 2008

This study is about the status and comparison of recreational scuba diving certification system in Southeast Asia countries. For the collection of the information, the contents of the numerous corresponding Internet sites were utilized, related documents were surveyed. And to supplement the information extensive interviews were held with the representatives of tourism department of many countries as well as staffs of diving associations, resort operators and diving instructors during various 2007 Dive Expos held in Southeast countries. In this paper, the relation between scuba certification and international standards were introduced for better understanding of the certification system. The research result shows that the scuba diving industry plays an important role in their country's tourism and the certification market of the Southeast Asia has grown to be greater than 30% of the world total market. However due to the facts that the scuba activity is originated from the western world and the controlling headquarters of the most certification agency are also located there, Southeast countries cannot take any leading roles in the scuba diving policies and systematic issues. Accordingly any modifications or improvements are expected to be very difficult. Also while Europeans and Americans have launched the programs and organizations for the quality assurance by cooperating with the international standards, but no such activity has yet appeared on the surface in Southeast Asia. According to the investigation the necessity will become bigger in near future.

• Journal of Navigation and Port Research
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• v.38 no.4
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• pp.357-366
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• 2014

On December of 2003, IMO's $23^{rd}$ Assembly discussed 'Guidelines on places of refuge for ships in need of assistance' At the discussion, Res. A.949(23) has been selected to appoint recommended place of refuge for countries signatory to the IMO Convention. IMO defines "Places of Refuge" as a places where a ship in need of assistance can take action to enable it to stabilize its condition and reduce the hazards to navigation, and to protect human life and the environment. Appointing and managing a Place of refuge can be a delicate problem because of its close connection to each country's coastal and environmental protection policies. However, in case of marine accident, the appointment or management of the place of refuge has a potential to avoid further damage and reduce to the minimum any environmental and estate losses. Currently a number of foreign countries, designated and operated a place of refuge. But, place of refuge selected method criteria were different by country and also does not have any standardized designating place of refuge model. Therefor, this study suggested the model of assigned places of refuge according to objective indication in order to assign reasonable and efficient places of refuge in domestic waters in the future by investigating and analyzing imported facts in considering the assignment of places of refuge in foreign countries and describing these imported data into quantitative value. In designating the model place of refuge, the final place of refuge location was presented by evaluating the probability of marine accidents, analyzing the location, and evaluating the supporting establishment.

• Journal of Digital Convergence
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• v.14 no.5
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• pp.507-517
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• 2016

Social obligation of a nation must be assigned to the people, legally belong to the nation. The Republic of Korea assigns a social obligation to the Koreans, the Military Service which is regulated by the Constitution of the Republic of Korea and the Military Service Law of Korea. However, behind the law, a serious discussion, the rationality and equity, is possibly discovered from the reality of the military service system against athletes of Korea. The purpose of this study was to analyze the military service system against athletes of Korea based on the Constitution of Republic of Korea and the Military Service Law of Korea. Three proposals, prohibit duplicated benefits of athletes, military service evasion after care system and keeping the military and police sport organization as nonprofessional, to recover the institutional problems regarding the equity and rationality were suggested in the end of this research. With the results, this research hopefully contribute to the development of sport law, fundamental obligation with sports and the military service system on athletes in Korea.

• Journal of Korea Port Economic Association
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• v.33 no.3
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• pp.121-138
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• 2017

Organizational culture represents values and beliefs that members share and is a factor that influences the behavior of organizational members. Understanding organizational culture is a source of competitive advantage to increase the rate of success and efficient management of the organization. The purpose of this study is to determine the relationship between job satisfaction and the turnover intention of sailors. To achieve its purpose, the study was developed by examining the properties to be used for the demonstration and the purpose of the study, and verifying the hypothesis through empirical analysis. Empirical analysis showed that developmental, rational, and group cultures among organizational culture have a significant impact on job satisfaction. When the organizational culture has a group culture and an extrinsic factor to job satisfaction, it has a negative effect on turnover intention. This implies that the shipping company needs to foster organizational culture to feel like growing for Sailors themselves and to improve relationship and cooperation with other sailors rather than trying to control strongly. The shipping company will need to educate members and manage its organizational culture consistently for improving the organizational culture.