• Journal of the Korean Society for Aviation and Aeronautics
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• v.21 no.4
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• pp.90-105
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• 2013

As witnessed in September 11 attacks, air terrorism is often the most effective means to achieve their goals, and thereby requires a sophisticated level of security measures. Moreover, considering the nature of air transportation, the prevention of air terrorism demands a wide range of international cooperation and joint efforts such as timely sharing of information related to air terrorism (such as latest terror techniques and list of terrorists) between nations, International Air Transport Association (IATA) and International Civil Aviation Organization (ICAO) As most air terrorism can be effectively prevented through security and search activities in airports, this study has focused on researching security measures and issues in major airports around the world, along with the potential measures to improve them. To achieve this effect, this paper offers solutions to preventing air terrorism by exploring appropriate responses to various type of air terrorism, deployment of advanced security and search equipment, techniques to identify terrorists, R&D on equipments to physically take down terrorists and systematic improvements on airport security search process.

• Korean Security Journal
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• no.38
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• pp.33-56
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• 2014

This study is aim to make use of prevention of air terrorism and strengthen of air security in Korea. To achieve it. searching main feature in U.S aviation profiling. Aviation profiling in U.S used to Secure Flight, Screening Passengers by Observation Technique, Registered Travel Program. Through U.S Aviation Profiling, Prevention of air terrorism in Korea are as in the following. First, Through U.S Aviation Profiling, Information of terrorism constructed in advance and unification of constructed information. Second, Identifiying that institution exclusively for prevention of air terrorism. Third, Identifiying that human rights and privacy invasion to a minimun plan anout U.S aviation profiling. Finally, Identifiying that the spread of research development for prevention of air terrorism and strengthen of air security in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.15
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• pp.40-66
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• 2002

The purpose of this paper is to investigate the legal controㅣ, by using the International Criminal Court(ICC) that will enter into force to the most serious crimes of concern to the international community as a whole, and regulates the jurisdiction with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; Cd) The crime of aggression. However, the existing ICC Statute excludes (e) Crimes, established under or pursuant to the treaty, which was regulated by the ICC draft statute that the International Law Commission(ILC) examined and submitted to the UN General Assembly in 1994, and which contained aircraft terrorism such as hijacking in the Hague Convention of 1970 or sabotage in the Montreal Convention of 1971 in Annex of ILC draft. Therefore, this paper examines the legal character of aircraft terrorism as one of the most serious crimes of concern to the international community as a whole, and suggests two kinds of legislative comments for the amendment of the ICC Statute including aircraft terrorism as an object of the jurisdiction of the Court, for suppressing aircraft terrorism in advance and ensuring equitable penalty by ICC system.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.87-123
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• 1989

The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.155-188
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• 2017

On the one hand, the 4th Industrial Revolution provides a positive opportunity to build a new civilization paradigm for mankind. However, on the other hand, due to the 4th Industrial Revolution, artificial intelligence such as 'Goggle Alpha Go' revolutionized and even the human ability was replaced with a 'Silicon Chip' as the opportunity to communicate decreases, the existence of human beings is weakened. And there is a growing concern that the number of violent crimes, such as psychopath, which hunts humans as games, will increase. Moreover, recent international terrorism is being developed in a form similar to 'Psychopathic Violent-Crime' that indiscriminately attacks innocent people. So, the probability that terrorist organizations abuse the positive effects provided by the Fourth Industrial Revolution as means of terrorism is increasing. Therefore, the paradigm of aviation terrorism is expected to change in a way that attacks airport facilities and users rather than aircraft. Because airport facilities are crowded, and psychopathic terrorists are easily accessible. From this point of view, our counter terrorism system of aviation has many weak points in various aspects such as: (1) limitations of counter-terrorism center (2) inefficient on-site command and control system (3) separated organization for aviation security consultation (4) dispersed information collection function in government (5) vulnerable to cyber attack (6) lack of international cooperation network for aviation terrorism. Consequently, it is necessary to improve the domestic counter terrorism system of aviation so as to preemptively respond to the international terrorism. This study propose the following measures to improve the aviation security system by (1) create 'Aviation Special Judicial Police' (2) revise the anti-terrorism law and aviation security law (3) Strengthening the ability respond to terrorism in cyberspace (4) building an international cooperation network for aviation terrorism.

• Journal of the Society of Disaster Information
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• v.2 no.1
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• pp.139-155
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• 2006

Over the past two decades suicide terrorism has become an ever-widening phenomenon. When suicide terrorism was first introduced in the Middle East it seemed that this new phenomenon was invincible and that it might change the innate imbalance between terror groups and their rivalry governments. This did not in fact occur. Looking at history of terrorism, it can be seen that suicide attacks are in actuality a very old modus operandi. However, contemporary suicide terrorism differs from such historical tactics, just as the whole phenomenon of terrorism differs from ancient modes of warfare. Modern suicide terrorism is aimed at causing devastating physical damage. through which it inflicts profound fear and anxiety. Its goal is to produce a negative psychological effect on an entire population rather than just the victims of the actual attack. The relatively high number of casualties guaranteed in such attacks, which are usually carried out in crowded areas, ensures full media coverage. Thus, suicide terrorism, ranks with other spectacular modus operandi such as blowing up airplanes in mid air or the use of Weapons of Mass Destruction as a sure means to win maximum effect. For the purposes of this paper a suicide terror attack is defined as a politically motivated violent attack perpetrated by a self-aware individual (or individuals) who actively and purposely causes his own death through blowing himself up along with his chosen target. The perpetrator's ensured death is a precondition for the success of his mission. The greatest potential risk suicide terrorism may pose in future is if terrorists carry out operations combined with other spectacular tactics such as blowing up airplanes or the use of Weapons of Mass Destruction. Such a combination will increase immensely the death toll of a single terror attack and will have a shocking psychological effect on public moral. At this level suicide terrorism would constitute a genuine strategic threat and would probably be confronted as such. This study portrays a general overview of the modern history of suicide terror activity worldwide, focusing on its main characteristics and the various aims and motivations of the terror groups involved. In addition, This study provides an overview what is to be done to prevent such terrorist attacks.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• International Journal of Contents
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• v.6 no.3
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• pp.89-96
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• 2010

The International air transportation industry provides a vital communication link which brings prosperity to many states in our modern age. This invaluable link has been threatened by terrorism. Airlines have been one of the most attractive targets in the eyes of terrorists for several reasons, including particularly the international and symbolic nature of aviation, and the potential of multigovernmental involvement which can inevitably generate wide publicity. Terrorist attacks against civil aviation have been committed since the earliest days of civil aviation history. The first attack against civil aircraft dates back to the early 1930s. Since then, aircraft hijacking and other forms of attack against air transport operations have become one of the most serious challenges to the safety of flying. In recent years, a new form of threats against civil aviation has appeared. Man-portable air defense systems (MANPADS) in the hands of criminals, terrorists, and other non-state actors pose a serious potential threat to passenger air travel, the commercial aviation industry, and military aircraft around the world. The purpose of this study is to provide some countermeasures against such attacks. In order to foster a better understanding of the problem, an introduction of MANPADS and a brief history of attacks using MANPADS are presented. It also examines the level of threats, trends of attacks using MANPADS and the possible countermeasures to be taken by the international community.

• The Korean Journal of Air & Space Law and Policy
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• v.10
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• pp.349-374
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• 1998

• Journal of the Society of Disaster Information
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• v.8 no.1
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• pp.10-17
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• 2012

The purpose of this study is to make people acknowledge the danger of the air terror and provide measures to prevent a recurrence of the accident and find required security. Also, the air terror is categorized into aircraft and airport and take steps to come up with preventive measures against the air terror by finding a countermeasure and precaution. The following steps should be checked to take precautionary measures against the air terror. major security crackdown and the need for a further security check should be conducted to prevent terrorists from boarding the aircraft, security around the airport needs to be tightened up by training the airport workers and promoting emergency situations, airport sheriffs and armed guards should be on patrol for the safety of the cabin, new measures of efficient security for in and around the airport and its facilities should be set up to tighten up security of baggage.