• Title/Summary/Keyword: Aviation Crime

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Aircraft Crime and the Damage Relief (항공 범죄와 그 피해구제)

  • Kim, Sun-Ihee;Ahn, Jin-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.3-35
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    • 2009
  • A concept of Aircraft crime includes an Air range, unlawful seizure of aircraft and unlawful acts against the safety of civil aviation. There are international treaties and conventions which have mainly been enacted by ICAO. The following treaties and conventions are categorical and unconditional norms that any States are clearly condemned. Convention on Offences and Certain other Acts Committed on Board Aircraft, Convention for the Suppression of Unlawful Seizure of Aircraft, Convention for the suppression of unlawful acts against the safety of civil aviation, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Convention on the Marking of Plastic Explosives for the Purpose of Detection In this essay, I present the meaning of the aircraft crime mentioned on the treaties above and jurisdiction of the crime. Moreover, I explain how to demand reparation for damages onboard or on the surface when an aircraft crime is occurred. Lastly, I indicate legal bases of how to protect the victims of the aircraft crime by mentioning specific cases relating to the crime.

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The Study on Aviation Crime in Aviation Safety and Security Act of Korea ("항공안전 및 보안에 관한 법률"에 있어서 항공범죄에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.27-54
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    • 2010
  • Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

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Private security development plan through security guard crime statistics analysis

  • Park, Su-Hyeon;Choi, Dong-Jae
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.12
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    • pp.283-288
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    • 2021
  • The purpose of this paper is to provide basic data for related studies by comparing and analyzing crimes committed by security guards through criminal statistical analysis, and to contribute to the sound development of the private security industry by strengthening the professional ethics of security guards and reducing guard crimes. The purpose. As a results of a comparative analysis of the number of crimes by security guards and the crime rate are as follows. Although the total number of crimes committed in Korea and the number of crimes committed by security guards decreased every year, the crime rate of security guards was higher than the average crime rate. felonious crimes, violent crimes, customs crimes, and special economic crimes were consistently high. As a countermeasure against the results, first, interest in security guard crimes as perpetrators rather than as victims, second, reinforcement of professional ethics education through new training and job training, third, academic development and systematic It appeared as a specification of the definition and current status of security guards for the study.

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 Study on the Profiling System in the Aviation Security (항공보안에서의 프로파일링 연구)

  • Hwang, Ho-Won;Lee, Kyu-Hang
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.155-175
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    • 2007
  • As intellectual terror threats increase, we feel the limit in coping with those threats and the things we do are placing traditional X-ray machines & ETD and increasing aviation security staffs. In fact, even if air transportation system is the fast and most efficient transportation methods, it is true that there are many inconveniences to endure due to terror threats. In the name of security, even if we make a lot of efforts and time to screen both good-natured passengers, baggage, cargo and suspicious passengers, it is impossible to screen perfectly and it is not an efficient methods. Therefore, we introduce profiling system that reduce the effort to screen good-natured passengers but focus on screening dangerous passengers and baggages. Profiling system strengthens aviation security, using the concept "Selection & Concentration". Israel started to introduce manual profiling system in aviation security, which is interviewing suspicious passengers and it has been used in crime investigation since 1960. And it has been upgraded and diversified to CAPPS(Computer Assisted Passenger Screening Program) and SPOT(Screening Passenger by Observation). So, this theses is to study on the concept & kind of profiling and profiling methods adopted in airlines. Also it presents the method of introduction of profiling system in Korea and the necessity of making law on it.

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Analizing Korean media reports on security guard : focusing on visual analysis

  • Park, Su-Hyeon;Shin, Min-Chul;Cho, Cheol-Kyu
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.11
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    • pp.195-200
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    • 2019
  • The purpose of this paper is to explore security guard's status and roles in society through media reports. Research method is to anlyze security Guard's 'Keyword Trend' and 'Keyword Frequency Analysis' by 'Big Kind' which enables 'News Big Data' analysis. The result came out by the analysis in sectional private security guard's history of settling down, growing up (quantity), and growing up (quality) by separating generations is that there are lots of attention and exposure from media about crime, security guard job, minimum wage, and 'Gabjil', but the images of security guard are recognized as victim of crime and 'Gabjil', and working in poor environment with minimum waged and ambiguous job, instead of people preventing crimes. In the future, stabilizing security guard's social status and work responsibility, and developing job professionalism are necessary to improve the images of security guard.

The Trend of Aviation Terrorism in the 4th Industrial Revolution Period and the Development Direction for Domestic Counter Terrorism of Aviation (제4차 산업혁명 시대의 항공 테러리즘 양상 및 국내 항공테러 대응체계 발전방향)

  • Hwang, Ho-Won;Kim, Seung-Woo
    • 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.

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A Study on Modernization of International Conventions Relating to Aviation Security and Implementation of National Legislation (항공보안 관련 국제협약의 현대화와 국내입법의 이행 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.201-248
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    • 2015
  • In Korea the number of unlawful interference act on board aircrafts has been increased continuously according to the growth of aviation demand, and there were 55 incidents in 2000, followed by 354 incidents in 2014, and an average of 211 incidents a year over the past five years. In 1963, a number of states adopted the Convention on Offences and Certain Other Acts Committed on Board Aircraft (the Tokyo Convention 1963) as the first worldwide international legal instrument on aviation security. The Tokyo Convention took effect in 1969 and, shortly afterward, in 1970 the Convention for the Suppression of Unlawful Seizure of Aircraft(the Hague Convention 1970) was adopted, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(the Montreal Convention 1971) was adopted in 1971. After 9/11 incidents in 2001, to amend and supplement the Montreal Convention 1971, the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation(the Beijing Convention 2010) was adopted in 2010, and to supplement the Hague Convention 1970, the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft(the Beijing Protocol 2010) was adopted in 2010. Since then, in response to increased cases of unruly behavior on board aircrafts which escalated in both severity and frequency,, the Montreal Protocol which is seen as an amendment to the Convention on Offences and Certain Other Acts Committed on Board Aircraft(the Tokyo Convention 1963) was adopted in 2014. Korea ratified the Tokyo Convention 1963, the Hague Convention 1970, the Montreal Convention 1971, the Montreal Supplementary Protocol 1988, and the Convention on the Marking of Plastic Explosive 1991 which have proven to be effective. Under the Tokyo Convention ratified in 1970, Korea further enacted the Aircraft Navigation Safety Act in 1974, as well as the Aviation Safety and Security Act that replaced the Aircraft Navigation Safety Act in August 2002. Meanwhile, the title of the Aviation Safety and Security Act was changed to the Aviation Security Act in April 2014. The Aviation Security Act is essentially an implementing legislation of the Tokyo Convention and Hague Convention. Also the language of the Aviation Security Act is generally broader than the unruly and disruptive behavior in Sections 1-3 of the model legislation in ICAO Circular 288. The Aviation Security Act has reflected the considerable parts of the implementation of national legislation under the Beijing Convention and Beijing Protocol 2010, and the Montreal Protocol 2014 that are the modernized international conventions relating to aviation security. However, in future, when these international conventions would come into effect and Korea would ratify them, the national legislation that should be amended or provided newly in the Aviation Security Act are as followings : The jurisdiction, the definition of 'in flight', the immunity from the actions against the aircraft commander, etc., the compulsory delivery of the offender by the aircraft commander, etc., the strengthening of penalty on the person breaking the law, the enlargement of application to the accomplice, and the observance of international convention. Among them, particularly the Korean legislation is silent on the scope of the jurisdiction. Therefore, in order for jurisdiction to be extended to the extra-territorial cases of unruly and disruptive offences, it is desirable that either the Aviation Security Act or the general Crime Codes should be revised. In conclusion, in order to meet the intelligent and diverse aviation threats, the Korean government should review closely the contents of international conventions relating to aviation security and the current ratification status of international conventions by each state, and make effort to improve the legislation relating to aviation security and the aviation security system for the ratification of international conventions and the implementation of national legislation under international conventions.

International and National Legal Experience in Combating Corruption and the Influence of Information Policy on Improving the Implementation of Anti-Corruption Measures

  • Bagdasarova, Anaid E.;Dzhafarov, Navai K.;Kosovskaya, Viktoria A.;Muratova, Elena V.;Petrova, Irina A.;Fedulov, Vyacheslav I.
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.169-174
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    • 2022
  • The purpose of the study is to research the legal nature and essence of corrupt behavior, as well as the international and national legal aspects of the fight against corruption. The article discloses the relation between the factual results of the operation of anti-corruption normative and legal acts and the goals and objectives for which they were adopted. The effectiveness of the regulatory effect and quality of anti-corruption legislation is determined by the example of the Russian Federation. The article provides an analysis of theoretical aspects of the theory and history of the formation and development of anti-corruption legislation (on the example of Russia and some other countries, as well as international legal norms) giving several practical examples from foreign legislation demonstrating the structure of the system of government bodies battling against corrupt behavior (including its latent forms). The authors suggest that there is a need for a unified conception of information and propaganda support of state anti-corruption activities. This will make it possible to inform the population that the state is actively working to prevent corruption threats and to bring perpetrators to justice, as well as contribute to citizens' trust in the state policy in this area. At the same time, it is necessary to regularly inform the citizens about the provisions of the anti-corruption legislation, explaining the importance of their observance.

Analysis on Media Reports of the 「Security Services Industry Act」 Using News Big Data -Focusing on the Period from 1990 to 2021-

  • Cho, Cheol-Kyu;Park, Su-Hyeon
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.5
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    • pp.199-204
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    • 2022
  • The purpose of this study is to broaden the understanding of the Security Services Industry Act, and also to examine the meanings of various phenomena by analyzing the media report big data rather than the researchers' perspective on the Security Services Industry Act. In the research method, this study searched for a keyword 「Security Services Industry Act」 that prescribes the security work as an important subject of crime prevention and maintenance of public order in Korea. The data was searched from 1990 to 2021 the BIG KINDS could provide. Also, for the concrete analysis during the period of data search, it was divided into settlement period(1976~2001), growth period-quantitative(2002~2012), and growth period-qualitative(2013~2021). In the results of this study, the media report perception of the Security Services Industry Act is continuously emphasizing the social roles and importance of private security according to the flow of time. The consequent marketability of private security will play great roles in the protection of people's lives and properties in the combination with various other industries in the future. However, the private security industry that provides public peace service together with the police, could be rising as an element that hinders the development of private security industry because of various social issues caused by legal regulations and illegal problems, so it would be necessary to more strengthen its responsibility and roles accordingly.