• Journal of National Security and Military Science
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• s.4
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• pp.289-350
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• 2006

The world has been rapidly restructured in an agenda of national security from center of military strength to that of economic strength since the post cold-war era China military leadership-division carried out RMA through learning of a lesson from Gulf war in 1990 -1991 and Iraq war in 2003, thus the leadership-division made an attempt to convert the military system to a technical intensive system. The principle based on RMA of China military is (National defense strategy) drafted by the central military committee 1985 and (Four modernization general principles) 1978. China has introduced Russian high-technological arms and equipment in order to build up the military arms greatly thanks to an economical development, and they take pragmatism line as chinese socialism with their strategy to make secure a position as military powers such as they successfully launched a manned spacecraft and are building an air-craft carrie and soon. USA has a theory of dichotomy whether a country is a cooperator for USA, or not. and also enemy or friend since 9.11terror, thus USA is different from their direction of police. This is because USA stands a position as the superpower of the supremacy hegemony of the world. We must be carefully aware that USA considers as important area for Middle east, West south Asia, Central Asia and Northwest Asia to meet the demands of 2lcentury. Accordingly, the focus of USA's military strategy will be probably concentrated at the above mentioned four areas. On the other hand, USA enjoys such a superpower position due to collapse of USSR which was the past main enemy since the post cold war era. We could give an conclusive example as fact that USA has recurred to unilateralism But USA carry on the military operations to the terror groups at global around by converting thje military strike strategy to pre-emptive strike strategy since9.11 terror, 2001. USA seeks for transformation to the mobile military forces with light-quantity oriented in order to carry on such the military operations and makes progress GPR, And the USA forces in Korea makes progress a military renovation as part of such a military strategy. On the other hand, USA promotes the measures of choose for the countries standing at the crossroads of strategy and carries forward a main scheme of provision for four priority aims that the leaders of a hostile country and mis-country shall be prohibited from use and obtainment of weapons of mass destruction. Accordingly, this treatise found out a significant meaning to have an effect on the national security in the korean peninsula.

• 한국항공우주법학회:학술대회논문집
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• 2008.05a
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• pp.121-140
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• 2008

Most compensation issues are regulated under domestic law where third parties are suffered damage from crushes of aircrafts or their falling objects. This issue was internationally recognized. A Convention to unify the rules of the law concerning damage caused by aircraft to the third parties on the surface was signed in May,1933( the 1933 Rome Convention) and it became effective in 1942. Later, modernization was carried out through the 1952 Rome Convention and the 1978 Montreal Protocol amending the 1933 Rome Convention. Ratifying States either to the Convention or to the Protocol is not as many as those States to the Warsaw Convention concerning air transport. In 1999, which was a turning point of changes of centuries from the twentieth century to the twenty first century, the Montreal Convention was passed to modernize the Warsaw Convention, and was quickly widespread. On September 11 2001, the coordinated simultaneous terror attacks occurred. In the circumstances, the issue modernizing the Rome Convention came up. Thus, workout under the initiatives of the Legal Committee of the ICAO is under operation to adopt new Rome Convention. In Japan, a study on the draft of the treaty was operated by which a working study group composed of experts from academy, industry and government was set up. This article, being based on that study, clarifies issues and gives future perspectives. This article presents author's individual views.

• Journal of the Society of Disaster Information
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• v.10 no.3
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• pp.442-451
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• 2014

Over 20,000 defense shelters are currently designated and operated in Korea. However, only few sheltershave the capacity to defend against CBR attack or terror from North Korea. Furthermore, as public defense shelters are only equipped with air-raid shelters, it is urgent to establish standard for CBR attack.This study focuses on shelter-in-place(SIP), a kind of CBR shelter in the U.S., and aims to draw up construction plan and planning of Korean defenses helter.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.17 no.2
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• pp.31-40
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• 2009

South Korea opened Incheon international airport(IIA) in march 29, 2001, with high expectations of becoming the distribution hub of Northeast Asia and aiming at a world best air hub. IIA compares quite well with any other leading airports in the world in it's facilities for the movement of people and vehicles. However, with the sequence of events following the September, 2001. terrorist attack and the war in Iraq, South Korea, an ally of the US, cannot be considered a safe haven from terrorism. At a point in time when national security is given utmost importance, it is necessary to reevaluate the security of airports, because international terrorism can only occur via air and seaports. Nowadays all the countries of the world have entered into competition for their national interests and innovation of their images. with the increasing role of international airports also comes an increased likelihood as a terrorist target, because it can affect so many people and countries. From the condition of current international terrorism, we can realize that our IIA is not completely safe from a terrorist attack. The major part of counterterrorism is event control process. It's very important for quickly saves an accident and rescues a life of person, In addition for the normalization which the airport operation is prompt. In conclusion, we should secure the legal responsibility and establish and establish a system under which we can work actively in order to implement counter terror activities from being taken an airport.

• Korean Security Journal
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• no.53
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• pp.83-105
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• 2017

The purpose of this study is to identify the problems of In-Flight Security Officer responsible for the security of the aircraft in the situation where Acts of Unlawful Interference in Aircraft shows an increasing tendency and the aircraft security is threatened by the terror threat of IS(Daesh) and to suggests its policy implications. Based on the problems of In-Flight Security Officer system found in the media reports and laws, the US Air Marshal system and the domestic similar system were presented to the In-Flight Security Officer developmental implications. First, it is necessary to revise the "Operational Guidelines for Airline Operators' In-Flight security officer" and the related qualifications to the "National Technical Qualifications" system. Second, the plan to change the national civil servants of In-Flight Security Officer in the aircraft, Third, it is a plan to use the registered security guard system in the aircraft. Although this study has limitations the accessibility of information related to aviation security. But, contributions of this study is that the government's efforts to create the public sector jobs, the "strengthening of public services in the country", "the establishment of national accountability for safety accident prevention and disaster safety management" in the "A five-year plan for Government Operation" that it has a timeliness in that it is together. In addition, since there are not many researches related to In-Flight Security Officer, this study also has another contribution as a basic study of the researchers in the aviation security aircraft in the future.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

• Korea and Global Affairs
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• v.1 no.1
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• pp.97-114
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• 2017

This article aims for searching the clue of North Korea nuke-problem by understanding it contextually. We must see this from the beginning as many trials in settling the problem have failed. North Korea nuke-problem is related to the change of international implication as well as the domestic process of its development. At first, it started from the regime survival, which evolved with the effect of learning. During the Cold War, its development had combined the principle of 'self-defense' because of Sino-Russia conflict. Particularly, its meaning varied dramatically due to the collapse of Cold War system plus the advent of post-Cold War system. North Korea nuclear program has became a global problem based on the deterioration of North Korea's security milieu and Bush administration's policy. Therefore, the area of common solution for NK nuke-problem must be found in the context of regime survival and the change of its meaning by continual convergence effort.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.17 no.4
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• pp.94-106
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• 2009

오늘날 항공기사고는 우리나라뿐만 아니라 세계도처에서 때때로 발생되고 있다. 특히 항공기에 대한 갑작스러운 테로 공격 또는 일반 항공사고에 기인된 항공기의 추락 및 물건의 낙하로 인하여 지상에 있는 제3자에게 손해를 입히는 경우가 간혹 발생되고 있다. 이와 같은 항공사건에 있어 가해자(항공기 운항자)는 피해자(지상 제3자 등)에 대하여 불법행위책임을 부담하게 되는데 이러한 사건들을 해결하기 위하여 1952년의 개정로마조약과 1978년의 몬트리올의정서 등이 있음으로 본 논문에서는 이들 조약의 성립경위 및 주요내용과 개정이유 등을 간략하게 설명하였다. 특히 2001년 9월 11일에 뉴욕에서 발생된 이른바 항공기 납치에 의한 동시다발 테러 사건의 피해는 4대의 항공기에 탑승한 승객 및 승무원 266명이 전원 사망하였고 워싱턴에 있는 미국 방성청사에서의 사망 및 실종이 125명, 세계무역센터에서의 사망 및 실종이 약5,000여명에 달하는 막대한 피해가 발생되었다. 9/11참사사건은 지상에 있는 제3자의 인적 및 물적 손해가 거액에 달하였음으로 이에 따라 영국의 로이드보험 등 세계보험업계가 크게 손실을 입게 되어 항공보험을 기피하는 현상이 생겨나 법적인 문제점이 제기되었다. 국제민간항공기구(ICAO)에서는 9/11사태 이후 이와 같은 테로 사건의 법적대응책과 자구책을 마련하기 위하여 약 8년간의 심의 끝에 항공기에 대한 테로 공격(불법방해 행위)과 1952년 개정로마조약의 현대화(일반위험) 등 새로운 2개 조약을 2009년 5월 2일에 성립시켜 공표하였다. 상기 새로운 2개의 조약 중 첫째 조약은 항공기의 불법방해 행위에 기인된 제3자에 대한 손해 배상에 관한 조약(Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft: 일명 불법방해조약이라고 호칭함: Unlawful Interference Convention)이고 둘째 조약은 항공기에 기인된 제3자에 대한 손해배상에 관한조약 (Convention on Compensation for Damage Caused by Aircraft to Third Parties: 일명 일반위험 조약이라고 호칭함: General Risk Convention) 이다. 본 논문에서는 이 새로운 2개 조약에 대한 ICAO가 주관한 성립경위와 주요 내용 및 필자의 논평을 제시하였고 이들 조약에 대하여 한국의 조속한 비준을 촉구하는 바이다.

• Convergence Security Journal
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• v.14 no.6_1
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• pp.129-138
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• 2014

South Korea should correspond to the primary threat to North Korea's nuclear weapons. It is necessary to have countermeasures to solve the realistic problems of North Korea's nuclear weapons. We can intensify military pact between the United States and Korea and at the same time strengthening the current military power. Currently, we take note the threat North Korea's missile. We can not control the development of a nuclear weapon and there are possibilities that North Korea have successfully miniaturized nuclear enough to carry by the missile. We should overview and check the Korea's missile defenses system. While the direction of the overall missile defense system deployment with a focus on lower and upper air defense network. And discuss defense research should be to build a system that can be protected with a key strategic facilities and cities. While North Korea have nuclear weapon, the main issues related to North Korea's nuclear threat. The six party talks countries try to solve the problem by the international and diplomatic approach. At the same time we should make somewhat to defend measures such as military defenses of Kill chain system to protect our country. Kill Chain is on of the effective defense system. We know that North Korea do not abandon to develop nuclear weapons by diplomatic efforts. We should performed in fact by a variety of military suppression method.