• Journal of Advanced Navigation Technology
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• v.25 no.3
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• pp.242-247
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• 2021

Major countries in space field such as the United States, China and Russia have not only general ground-based space capabilities, but also maritime-based space capabilities. Maritime-based space systems include a maritime-based space surveillance system, a maritime-based space launch vehicle, and a maritime-based space information transmission system, and these maritime-based systems complement the ground-based space systems. Therefore, in this paper, we analyze the maritime-based space capabilities of major countries, and propose the future direction for south Korea's maritime-based space capabilities. The maritime-based space system is essential due to the geographical characteristics of south Korea, which has three sides of the ocean, and it is considered an one of important strategic element to become the seven major country in the space field.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.127-150
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• 2020

A Basic Plan for the Promotion of Space Development (hereinafter referred to as "basic plan"), which prescribes mid- and long-term policy objectives and basic direction-setting on space development every five years, is one of the matters to be deliberated by the National Space Committee. Confirmed February 2018 by the Committee, the 3rd Basic Plan has a unique matter, compared to the 2nd Basic Plan. It is to construct "Korean Positioning System(KPS)". Almost every country in the world including Korea has been relying on GPS. On the occasion of the shooting down of a Korean Air flight 007 by Soviet Russia, GPS Standard Positioning Service has been open to the world. Due to technical errors of GPS or conflict of interests between countries in international relations, however, the above Service can be interrupted at any time. Such cessation might bring extensive damage to the social, economic and security domains of every country. This is why some countries has been constructing an independent global or regional satellite navigation system: EU(Galileo), Russia(Glonass), India(NaVic), Japan(QZSS), and China(Beidou). So does South Korea. Once KPS is built, it is expected to make use of the system in various areas such as transportation, aviation, disaster, construction, defense, ocean, distribution, telecommunication, etc. For this, a pan-governmental governance is needed to be established. And this governance must be based on the law. Korea is richly experienced in developing and operating individually satellite itself, but it has little experience in the simultaneous development and operation of the satellites, ground, and users systems, such as KPS. Therefore we need to review overseas cases, in order to minimize trial and error. U.S. GPS is a classic example.

• Maritime Security
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• v.6 no.1
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• pp.83-107
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• 2023

To Republic of Korea in the Indo-Pacific region, the stability and prosperity of the area are directly coupled with national survival, interest. Currently, on account of strategic competition between U.S.A, and China in this area as well as supranational·non-conventional threats, the security environment is unstable, required joint/allied responses. So, lots of states inside(U.S.A., Japan, ASEAN, etc.), also, out of this Indo-Pacific area like EU-NATO, open their own strategy related in Indo-Pacific issues to be involved. R.O.K. government took its own line with publishing self strategy following this international trend, it can be shown korean government's strong intend to join in the pending security issues in this region with 'strategic clarity'. Now, R.O.K. Navy has to back up governments, policy. First, R.O.K. Navy should strengthen the relationship inside and take part in the multilateral cooperation of security. Second, to convey this deterrence message to potential threats, Navy is required to show of forces and have combined exercises. Also, as naval forces of advanced countries, Korea, Navy should be taken action in non-traditional threats, and help developing states improve their sea power. To fulfill this tasks in the wide ocean area, Navy need five inherent characteristics(mobility, flexibility, sustainability, capability of presence and projection). In the end, this paper propose the development plan following operational environment (SWOT) analysis as well.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.37-81
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• 2015

AirAsia QZ8501 Jet departed from Juanda International Airport in, Surabaya, Indonesia at 05:35 on Dec. 28, 2014 and was scheduled to arrive at Changi International Airport in Singapore at 08:30 the same day. The aircraft, an Airbus A320-200 crashed into the Java Sea on Dec. 28, 2014 carrying 162 passengers and crew off the coast of Indonesia's second largest city Surabaya on its way to Singapore. Indonesia's AirAsia jet carrying 162 people lost contact with ground control on Dec. 28, 2014. The aircraft's debris was found about 66 miles from the plane's last detected position. The 155 passengers and seven crew members aboard Flight QZ 8501, which vanished from radar 42 minutes after having departed Indonesia's second largest city of Surabaya bound for Singapore early Dec. 28, 2014. AirAsia QZ8501 had on board 137 adult passengers, 17 children and one infant, along with two pilots and five crew members in the aircraft, a majority of them Indonesian nationals. On board Flight QZ8501 were 155 Indonesian, three South Koreans, and one person each from Singapore, Malaysia and the UK. The Malaysia Airlines Flight 370 departed from Kuala Lumpur International Airport on March 8, 2014 at 00:41 local time and was scheduled to land at Beijing's Capital International Airport at 06:30 local time. Malaysia Airlines also marketed as China Southern Airlines Flight 748 (CZ748) through a code-share agreement, was a scheduled international passenger flight that disappeared on 8 March 2014 en route from Kuala Lumpur International Airport to Beijing's Capital International Airport (a distance of 2,743 miles: 4,414 km). The aircraft, a Boeing 777-200ER, last made contact with air traffic control less than an hour after takeoff. Operated by Malaysia Airlines (MAS), the aircraft carried 12 crew members and 227 passengers from 15 nations. There were 227 passengers, including 153 Chinese and 38 Malaysians, according to records. Nearly two-thirds of the passengers on Flight 370 were from China. On April 5, 2014 what could be the wreckage of the ill-fated Malaysia Airlines was found. What appeared to be the remnants of flight MH370 have been spotted drifting in a remote section of the Indian Ocean. Compensation for loss of life is vastly different between US. passengers and non-U.S. passengers. "If the claim is brought in the US. court, it's of significantly more value than if it's brought into any other court." Some victims and survivors of the Indonesian and Malaysia airline's air crash case would like to sue the lawsuit to the United States court in order to receive a larger compensation package for damage caused by an accident that occurred in the sea of Java sea and the Indian ocean and rather than taking it to the Indonesian or Malaysian court. Though each victim and survivor of the Indonesian and Malaysia airline's air crash case will receive an unconditional 113,100 Unit of Account (SDR) as an amount of compensation for damage from Indonesia's AirAsia and Malaysia Airlines in accordance with Article 21, 1 (absolute, strict, no-fault liability system) of the 1999 Montreal Convention. But if Indonesia AirAsia airlines and Malaysia Airlines cannot prove as to the following two points without fault based on Article 21, 2 (presumed faulty system) of the 1999 Montreal Convention, AirAsia of Indonesiaand Malaysia Airlines will be burdened the unlimited liability to the each victim and survivor of the Indonesian and Malaysia airline's air crash case such as (1) such damage was not due to the negligence or other wrongful act or omission of the air carrier or its servants or agents, or (2) such damage was solely due to the negligence or other wrongful act or omission of a third party. In this researcher's view for the aforementioned reasons, and under the laws of China, Indonesia, Malaysia and Korea the Chinese, Indonesian, Malaysia and Korean, some victims and survivors of the crash of the two flights are entitled to receive possibly from more than 113,100 SDR to 5 million US$ from the two airlines or from the Aviation Insurance Company based on decision of the American court. It could also be argued that it is reasonable and necessary to revise the clause referring to bodily injury to a clause mentioning personal injury based on Article 17 of the 1999 Montreal Convention so as to be included the mental injury and condolence in the near future.

• Strategy21
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• s.46
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• pp.159-204
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• 2020

This study is written to bring the proposal forward for the direction of south korean naval force. The political situation and the circumstance of the world, especially in the area of Pacific Ocean, are changing very rapidly. North Korea has been always the conventional existing intimidator for South Korea since the 6·25-War. Additionally, the strengthening movements of the national defense, which is easily noticed from China and Russia, is also an other part of intimidating countries against South Korea. Those three mentioned countries are continually developing the asymmetrical warfare systems, for example a strategic nuclear weapon. Since the Obama Administration, the Asia-Pacific Rebalancing-Strategy has been changed as an East Asian foreign policy. Nowadays, Trump Administration renamed the 'United States Pacific-Command' to 'United States Indo-Pacific Command'. The purpose of this is not only letting India to participate in american alliance, but also reducing an economic burden, which is often mentioned in USA. West Germany was located in the very similar geopolitical position during the Cold War just like South Korea these days. And that's why the strategy of West German Navy is worthy of notice for south korean naval force to decide its suitable strategy. Most of all, the two most important things to refer to this study are the plan to expand naval air force and the realistic political stand for us to take it. In conclusion, I laid an emphasis on maintenance of 'green-water-navy'. instead of selecting the strategy as a 'blue-water-navy'. The reason I would like to say, is that south korean navy is not available to hold the unnecessary war potential, just like Aircraft-Carrier. However, this is not meaning to let the expansion of naval force carelessly. We must search the best solution in order to maintain the firm peace within the situation. To fulfill this concept, it is mostly very important to maintain the stream of laying down a keel of destroyers, submarines and air-defense-missile, as well as the hight-tech software system, taking a survey of 4th industrial revolution. Research and development for the best solution of future aircraft by south korean navy is likewise necessary. Besides, we must also set the international diplomatic flexibly. As well as maintaining the relationship with US Forces, it is also very important to improve the relationship with other potential allied nation.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.315-343
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• 2018

In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.