• 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.

• Journal of forensic and investigative science
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• v.2 no.2
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• pp.5-20
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• 2007

During the period from 2001 to 2005, 29,892 burglaries took place in Korea with the approximate average annual number - 5,978 cases. This study was conducted to analyze the reported burglaries and the result was summarized as follows. There were 8,605 residential invasion burglaries (28.8%) as the most frequent characteristic pattern. The exit was used as the most frequent invasion route for 4,031 invasion burglaries (64.3%), and an unlocked exit door or window was used as the most frequent invasion method for 2,462 invasion burglaries (28.6%). The hours just after midnight (between 00:00 and 04:00) were the most frequent time for invasion burglary to occur. Also, 5,652 burglaries occurred on Wednesday which was twice higher than on Sunday (2,988 burglaries). It was shown that the number of persons injured during burglaries were 260 deaths and 10,610 injuries. The places of the highest occurrence were the street with 10,183 burglaries (34%) and then residential place with 7,527 burglaries (approximately 25%). One-man burglary was the highest complicity: 15,012 offenders (56.1%). The knife was used as the most frequent instrument for 6,498 burglaries (24,3%) what is rare, while no criminal tool or instrument was used for 15,631 burglaries (58.4). During the period from 2001 to 2006, 1,506 burglaries occurred in Daegu and the average annual number was 251 burglaries. Among those,515 residential invasion burglaries (34.2%) took place and the average annual number was approximately 86 cases. The hours just after midnight (between 00:00 and 04:00) were the most frequent time for invasion burglary to occur (194 cases, 37.7%), the place of the highest invasion occurrence was the residential place (259 cases, 50.3%), and the exit was used as the most frequent invasion route (87 cases, 37.7%). An unlocked exit door or window was the most frequent invasion method (65 cases, 25.1%). In addition, pretending to be a delivery man, visitor or following the victim methods were used for 26 burglaries (10%). It is apparent that personal preventive measures against crimes, as well as governmental and social measures, play an important role in preventing burglaries. In particular, based on the analyzed result that an unlocked window or exit door was most frequently used for reported burglaries, it seems that there is a lack of understanding of crime prevention while little effort has been made to prevent crimes. Although everyone knows that locking a door is one of the basic measures to prevent crimes, many people tend to pay little attention to lock a door properly so burglary takes place. This study, therefore, is intended to encourage people to pay more careful attention to crime prevention, in order to help reduce the probability of burglary. With the recent improvement in social understanding of scientific crime investigation, a wide variety of police professions, including crime analysts, crime victim police counselors and coroners, have been prepared to develop the scientific crime investigation and crime analysis. In addition, it is hoped that further this study will contribute to encourage studies on crime prevention to be carried out in the future.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.6 no.1
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• pp.56-64
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• 1995

Family is a primary unit of the major socialization processing for children. Parents among the family members are one of the most important figures from whom the child and adolescent acquire a wide variety of behavior patterns, attitudes, values and norms. An organization of family members product family structural functioning. Abnormal family structure is one of the most important reference models in the learning of antisocial patterns of behavior. Therefore incest and child sexual abuse including spouse abuse, elderly abuse, and neglect occurs in the abnormal family structural setting. In particular, incest, a specific form of sexual abuse, was once thought to be a phenomenon of great rarity, but our clinical experiences, especially over the past decade, have made us aware that incest and child sexual abuse is not rare case and on the increasing trend. Therefore, the aim of this study was to determine the family problem and dynamics of incest family, and character pattern of post-incest adolescent victim in Korea. A total of 1,838 adolescents from middle and high school(1,237) and juvenile correctional institute(601) were studied, sampled from Korean student population and adolescent delinquent population confined in juvenile correctional institutes, using proportional stratified random sampling method. The subjects' ages ranged from 12 to 21 years. Data were collected through questionnaire survey. Data analysis was done by IBM PC of Behavior Science Center at the Korea university, using SAS program. Statistical methods employed were Chi-square, principal component analysis and t-test etc. The results of this study were as follows ; 1) Of 1,071 subjects, 40(3.7%) reported incest experiences(sibling incest : 1.6% ; another type of incest : 2.1%) in their family setting. 2) The character pattern of post-incest adolescent victim was more socially maladjusted, immature, impulsive, rigid, anxious and dependent than non-incest adolescent. Also they showed some problem in academic performance and their assertiveness. 3) The other family members of incest family revealed more psychological and behavioral problem such as depression, alcoholism, psychotic disorder and criminal act than the non-incest family, even though there is no evidence of the context between them. 4) The family dynamics of incest family tended to be dysfunctional trend, as compared with non-incest family. It showed that the psychological instability of family member, parental rejection toward their children, coldness and indifference among family member and marital discordance between the parents had significant correlation with incest.

• Korean Security Journal
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• no.39
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• pp.185-215
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• 2014

Since North Korea has used terror crime as a means of unification under communism against South Korea, South Korea has been much damaged until now. And the occurrence possibility of terror crime by North Korean authority is now higher than any other time. The North Korean terror crimes of Kim Il Sung era had been committed by the dictator's instruction with the object of securing governing fund. However, looking at the terror crimes committed for decades during Kim Jung Il authority, it is revealed that these terror crimes are expressed as a criminal behavior because of the conflict to accomplish the power and economic advantage non powerful groups target. This study focused on the power conflict in various causes of terror crimes by applying George B. Vold(1958)'s theory which explained power conflict between groups became a factor of crime, and found the aspect by ages of terror crime behavior by North Korean authority and responding plan to future North Korean terror crime. North Korean authority high-ranking officials were the Labor Party focusing on Juche Idea for decades in Kim Il Sung time. Afterwards, high-ranking officials were formed focusing on military authorities following Military First Policy at the beginning of Kim Jung Il authority, rapid power change has been done for recent 10 years. To arrange the aspect by times of terror crime following this power change, alienated party executives following the support of positive military first authority by Kim Jung Il after 1995 could not object to forcible terror crime behavior of military authority, and 1st, 2nd Yeongpyeong maritime war which happened this time was propelled by military first authority to show the power of military authority. After 2006, conservative party union enforced censorship and inspection on the trade business and foreign currency-earning of military authority while executing drastic purge. The shooting on Keumkangsan tourists that happened this time was a forcible terror crime by military authority following the pressure of conservative party. After October, 2008, first military reign union executed the launch of Gwanmyungsung No.2 long-range missile, second nuclear test, Daechung marine war, and Cheonanham attacking terror in order to highlight the importance and role of military authority. After September 2010, new reign union went through severe competition between new military authority and new mainstream and new military authority at this time executed highly professionalized terror crime such as cyber/electronic terror unlike past military authority. After July 2012, ICBM test launch, third nuclear test, cyber terror on Cheongwadae homepage of new mainstream association was the intention of Km Jung Eun to display his ability and check and adjust the power of party/military/cabinet/ public security organ, and he can attempt the unexpected terror crime in the future. North Korean terror crime has continued since 1980s when Kim Jung Il's power succession was carried out, and the power aspect by times has rapidly changed since 1994 when Kim Il Sung died and the terror crime became intense following the power combat between high-ranking officials and power conflict for right robbery. Now South Korea should install the specialized department which synthesizes and analyzes the information on North Korean high-ranking officials and reinforce the comprehensive information-collecting system through the protection and management of North Korean defectors and secret agents in order to determine the cause of North Korean terror crime and respond to it. And South Korea should participate positively in the international collaboration related to North Korean terror and make direct efforts to attract the international agreement to build the international cooperation for the response to North Korean terror crime. Also, we should try more to arrange the realistic countermeasure against North Korean cyber/electronic terror which was more diversified with the expertise terror escaping from existing forcible terror through enactment/revision of law related to cyber terror crime, organizing relevant institute and budget, training professional manpower, and technical development.

• Journal of Korean Institute of Fire Investigation
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• v.9 no.1
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• pp.103-121
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• 2006

We are living in more comfortable circumstances with the social developments and the improvement of the standard of living, but, on the other hand, we are exposed to an increase of the occurrences of tires on account of large-sized, higher stories, deeper underground building and the use of various energy resources. The materials of the floor in a residence modern society have been going through various alterations in accordance with the uses of a residence and are now used as final goods in interioring the bottom of apartments, houses and shops. There are so many kinds of materials you usually come in contact with, but in the first place, we need to make an experiment on the spread of the fire with the hypocaust used as the floors of apartments, etc. and the floor covers you usually can get easily. We, scientific investigators, can get in contact with the accidents caused by incendiarism or an accidental fire closely connected with petroleum stuffs on the floor materials that give rise to lots of problems. on this account, I'd like to propose that we conduct an experiment on fire shapes by each petroleum stuff and that discriminate an accidental tire from incendiarism. In an investigation, it seems that finding a live coal could be an essential part of clearing up the cause of a tire but it could not be the cause of a fire itself. And besides, all sorts of tire cases or fire accidents have some kind of legislation and standard to minimize and at an early stage cope with the damage by tires. That is to say, we are supposed to install each kind of electric apparatus, automatic alarm equipment, automatic fire extinguisher in order to protect ourselves from the danger of fires and check them at any time and also escape urgently in case of fire-outbreaking or build a tire-proof construction to prevent flames from proliferating to the neighboring areas. Namely, you should take several factors into consideration to investigate a cause of a case or an accident related to fire. That means it's not in reason for one investigator or one investigative team to make clear of the starting part and the cause of a tire. accordingly, in this thesis, explanations would be given set limits to the judgement and verification on the cause of a fire and the concrete tire-spreading part through investigation on the very spot that a fire broke out. The fire-discernment would also be focused on the early stage fire-spreading part fire-outbreaking resources, and I think the realities of police tire investigations and the problems are still a matter of debate. The cause of a fire must be examined into by logical judgement on the basis of abundant scientific knowledge and experience covering the whole of fire phenomena. The judgement of the cause should be made with fire-spreading situation at the spot as the central figure and in case of verifying, you are supposed to prove by the situational proof from the traces of the tire-spreading to the fire-outbreaking sources. The causal relation on a fire-outbreak should not be proved by arbitrary opinion far from concrete facts, and also there is much chance of making mistakes if you draw deduction from a coincidence. It is absolutely necessary you observe in an objective attitude and grasp the situation of a tire in the investigation of the cause. Having a look at the spot with a prejudice is not allowed. The source of tire-outbreak itself is likely to be considered as the cause of a tire and that makes us doubt about the results according to interests of the independent investigators. So to speak, they set about investigations, the police investigation in the hope of it not being incendiarism, the fire department in the hope of it not being problems in installments or equipments, insurance companies in the hope of it being any incendiarism, electric fields in the hope of it not being electric defects, the gas-related in the hope of it not being gas problems. You could not look forward to more fair investigation and break off their misgivings. It is because the firing source itself is known as the cause of a fire and civil or criminal responsibilities are respected to the firing source itself. On this occasion, investigating the cause of a fire should be conducted with research, investigation, emotion independent, and finally you should clear up the cause with the results put together.