• The Journal of the Korea Contents Association
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• v.10 no.5
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• pp.422-426
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• 2010

In recent years, multinational companies' pirate cases for traditional knowledge and genetic resources are growing. Meeting of International Authorities(MIA) agreed that traditional knowledge documentation should be included in the non-patent literature part of the Patent Cooperation Treaty(PCT) minimum documentation as a means of protection. In Korea, Korean Intellectual Property Office(KIPO) and Rural Development Administration(RDA) have played a leading role in traditional knowledge-related protection activities. KIPO's Korean Journal of Traditional Knowledge(KJTK) was selected as a PCT minimum documentation in 2008, and has been serviced through Korean Traditional Knowledge Portal(KTKP) since 2007. RDA has published several books which contain traditional agricultural knowledge and Korean local food information compiled from 1997 to now. Traditional knowledge of RDA is searchable in KTKP from 2010.In this paper, we introduce overview of activities for protection and utilization of traditional knowledge.

• Journal of the Korean Society of Marine Environment & Safety
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• v.4 no.2
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• pp.69-83
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• 1998

Sea transportation has long been a vital component of the transport systems of the world. The great majority of imports and exports to and enlarge their national merchant marines. This effort is meant partly to arrest earlier trends of having their trade carried by ships from outside the region and partly to promote regional integration and improve the national balance of payments. However, sea transportation has been exposed to various types of threats on the high seas, in coastal waters and in port areas. Piracy is any robbery or other violent action, for private ends and without authorization by public authority, committed on the seas. Because piracy has been regarded as an offense against the law of nations, the public vessels of any state have been permitted to seize a pirate ship, to bring it into port, to try the crew(regardless of their nationality or domicile), and, if found guilty, to punish them and to confiscate the ship. Piracy has occurred in all stages of maritime history. The increased size of merchant vessels, the improved naval patrolling of most ocean highways, the regular administration of most islands and land areas of the world, and the general recognition by governments of piracy as an international offense resulted in a great decline in piracy in the 19th and 20th centuries. Piracy has, however, occurred in the 20th century, and the practice of hijacking ships has developed into a new form of piracy. The number of incidents of sea piracy against ships reported was 229 in 1997. Since 1991, 1,051 such acts have been reported. The purpose of this research is to examine the origin and development of the piracy to understand the current situation of such violence on the seas. In addition, what should be done by international community will be presented to prevent the piracy in the future.

• Korean Security Journal
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• no.20
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• pp.339-363
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• 2009

The 9.11 demonstrated that terrorist attack could be more serious problem than the war in our modern life. No countries in the world have evaded being a target for terrorists today. As well as South Korea, the whole world must share attentions and responsibilities for fighting against the terrorism. Since the international terrorist groups have expanded their targets from Western countries to Koreans, civilian hostages are no longer other's affair; it became a serious threat to public. Increased Korean investment, trade, missionary, and travel overseas also expanded activity regions worldwide. It also result increased terrorist threats and possible abduction. The number of kidnapping crisis has increased since the terrorists use it as an effective method of sending a message. Piracy refers to a broad range of violent acts at sea, and has traditionally been regarded as common enemies. Piracy constitutes a great threat to the security of navigation as well as to the safety of vessels and crews. Lessons from hostage issues such as Korean hostage crisis in Somalia and Afghanistan show that it can cause criticism on moral issues if armed rescue missions fail or hostages are killed, so the governments and related corporations try to solve it by paying ransom. Terrorists and use these advantages in order to put a huge pressure on the governments. In this study we will look at essential characteristics and types of hostage abductions and recognition of national safety, lessons and solutions to previous Korean hostage cases in overseas. At the same time, it provides a guidelines of the direction in the fighting against terrorist groups and Piracy.

• Korean Security Journal
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• no.14
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• pp.549-567
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• 2007

In the post-Cold war world, the threat of terrorism is emerging as the most formidable challenge. The terrorist attacks including 9.11 World Trade Center attack have proved such challenge. It has become apparent that no country is safe from the scourage of terrorism. The region of the southeast Asia is no exception to this trend. The Bali bombing of 2002, killing about 200 innocent people, demonstrated that the threat environment had significantly altered. Today, local and regional groups such as Jemiah Islamiah can conduct terrorist operations as devastating as those carried out by Al Qaeda. As fighting terrorism is a complex multi-dimensional task, the responsibility for fighting terrorism must not rest with a single government. The burden must be shared by both the local governments and international communities. In addition, To prevent another bombing of the scale of Bali, countries in the region of southeast Asia must respond decisively. The purpose of this study is to examine the current situation on terrorism in the southeast Asia and to provide perspectives on future terrorism in this region. To foster the better understanding, historical survey on the terrorism in the region and local terrorist groups' network with the foreign terrorist organizations including Al Qaeda have been researched. Based on the result of the research, this paper provides a perspectives and evaluation on the future terrorism in the southeast Asia. It also provides an implications for our reference in the war against terrorism.

• International Area Studies Review
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• v.17 no.4
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• pp.181-202
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• 2013

After the Cold War, international terrorism and related issues have been the most urgent problems. However, Korea hasn't recognized this seriousness due to relatively slight damage. Yet the interest about the international maritime terrorism and related issues is increasing as the maritime terrorism issues emerged. This is because Korea is located next to three oceans and majority of international trades depend largely on international maritime transportation due to its scarce natural resources. Therefore this study has the purpose that it reviews the advanced researches and documents, analyzes the priority about response system against international maritime terrorism, suggests the practical solutions. For these purposes, it conducted Delphi technique to international maritime terrorism experts with response system factors selected among the advanced researches and documents. As the result of analysis, this study figured out that legal and institutional countermeasures are needed as international measures, strategic countermeasures are needed as domestic measures to set up the response system against international maritime terrorism. Synthetically, for the efficient and practical counteract against international maritime terrorism, the response institute against international maritime terrorism and the awareness of relevant experts are preferentially necessary.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.3-30
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• 2011

According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of 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(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of 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 only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of 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 authorized 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. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.45-79
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• 2018

An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.