• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.201-224
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• 2017

The main subject of this article focused on the legal status of the military aircraft in the high seas. For this the legal status of the military aircraft, the freedom of overflight, the right of hot pursuit, the right of visit and Air Defense Identification Zone (ADIZ) were dealt. The 1944 Chicago Convention neither explicitly nor implicitly negated the customary norms affecting the legal status of military aircraft as initially codified within the 1919 Paris Convention. So the status of military aircraft was not redefined with the Chicago Convention and remains, as stated in the 1919 Paris Convention, as a norm of customary international law. The analyses on the legal status of the military aircraft in the high seas are found as follows; According to the Article 95 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military aircraft in the high seas have also complete immunity from the jurisdiction of any State other than the flag State. According to the Article 111 (5) of the UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised by military aircraft. According to the Article 110 of the UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an unauthorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. As for Air Defence Identification Zone (ADIZ) it is established and declared unilaterally by the air force of a state for the national security. However, there are no articles dealing with it in the 1944 Chicago Convention and there are no international standards to recognize or prohibit the establishment of ADIZs. ADIZ is not interpreted as the expansion of territorial airspace.

• Journal of the Korean Society of Marine Environment & Safety
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• v.14 no.2
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• pp.149-156
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• 2008

The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements for the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, it should not be used beyond what is reasomable and necessary in the circumstances.

• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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• pp.197-204
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• 2008

The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements of the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, that is not go beyond what is reasonable and necessary in the circumstances.

• Journal of the Institute of Electronics Engineers of Korea SD
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• v.40 no.1
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• pp.52-60
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• 2003

For a System-on-a-Chip(SoC) comprised of multiple IP cores, various design techniques have been proposed to provide diverse test link configurations. In this paper, we introduce a new flag based Wrapped Core Linking Module (WCLM) that enables systematic integration of IEEE 1149.1 TAP'd cores and P1500 wrapped cores with requiring least amount of area overhead compared with other state-of-art techniques. The design preserves compatibility with standards and scalability for hierarchical access.

• Journal of the Korean Institute of Navigation
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• v.9 no.1
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• pp.83-93
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• 1985

Sea casulties involving tankers, compared with those incurred by other type of vessels, have become particularly threatening to port State in terms of environmental as well as property damages. As a result, most of developed countries including the U.S.A. and Japan have shown a strong interest in implementing the policy of the Port State Control more rigorously in an attempt to protect themselves from irreparable damages caused by sea casualties involving large vessels. In this paper, the problems associated with the implementation of the Port State Control are analysed and then following recommendations and suggestions are made: ⅰ) The flag nation is urged to improve the quality of personnel associated with the operation of a ship. ⅱ) A closer cooperation between developing nations operating vessels and developed nations adopting the Port State Control is required for a successful implementation of this policy. ⅲ) Port states are advised to give a special attention to vessels carrying hazardous cargoes.

• Korean journal of communication and information
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• v.77
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• pp.111-136
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• 2016

This paper focuses on the national "flagging" as a current affair, important phenomenon. National flags, it sees, take over varous places, control the surrounding space, and even dictate everybody's perspective by being visualized everywhere anytime. It investigates the issue of national flags and their hoisting poles as a sort of apparatuses that interpellate me as well as us into patriotic 'gookmin'. The placement, arrangement of national flag poles around the country continued throughout 2015 and particularly speeded up in October of the year is regarded as a key symbolic, symptomatic sign to read the transformation of political conjuncture. Preparing a radically conjuncturist cultural study about the changing reality, the researcher will see the flagging poles as a phenomenal result, outcoming of certain intent and plan for reconstructing the political actuality. More precisely, he will interpretate the tall omni-present poles of national flags as a dispositif of appearing the neoliberal/neoconservative capitalist state, as a apparatus of constituting and expressing the masses' psycho-ideological condition of today. The researcher, who perceives the national flag poles as a kind of ISAs. will first review the increased flagging phenomenon and related media discourses. Next, he will critically investigate the 'love our country' 'national flagging' movements organized by the above and operated from the bottom. Then, he will focus more on the very tall national flag poles built and seen around the country. Finally, he will conclude the study with a critical remark, touching briefly the case of controversy over setting a pole in the center of Seoul city square.

• Korean Security Journal
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• no.41
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• pp.293-326
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• 2014

Piracy is a worldwide issue, but the deteriorating security situation in the seas off Somalia, the Gulf of Aden and the wider Western Indian Ocean between 2005 and 2012 and in the increasing number of attacks in the Gulf of Guinea are a major problem. The depth of concern for the problem internationally is amply demonstrated by the levels of co-operation and coordination among naval and other forces from several countries that have assembled in the west Indian Ocean region and the Gulf of Aden to escort ships carrying humanitarian aid to Somalia and to protect vulnerable shipping. Notwithstanding this unprecedented effort, the vast sea area in which the pirates now operate makes it difficult to patrol and monitor effectively, particularly with the limited resources available. More resources, in the form of naval vessels and aircraft, are needed and at every opportunity the IMO encourages Member Governments to make greater efforts to provide the additional naval, aerial surveillance and other resources needed through every means possible. IMO provide interim guidance and recommendations to be taken into account when considering the use of PCASP(privately contracted armed security personnel) if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate. The interim guidance and recommendations of IMO are not intended to endorse or institutionalize the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted. Therefore, Korea should be introduced rationally PCASP for safe shipping. PCASP on board ships is much the same to special guard personnel of security services industry act. Act plan of Oceans and fisheries ministry on PCASP collides with special guard personnel system of National Police Agency. Rather than new law making, PCASP regukations have to be included in security services industry act. Management Agency of PCASP is to not Oceans and fisheries ministry, but Central Headquarters Korea Coast Guard of Public Safety and Security Ministry because of specialty and closely connection.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.1
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• pp.34-46
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• 2016

This study analyzes inspection results of ships by Port State Control. Particularly, this research focuses on a detention trend of vessels that registered to Korean Register of Shipping. In order to conduct this research, we have searched 170 ships that got a detention with a Code-30 within recent 46 months period. The deficiencies of the detentions are inspected by ship types, ship years, flags, ports inspected, and criteria. Moreover, we categorized the deficiencies for the detentions into 17 types for internal and external inspections. As the results of the comparison study, bulk and general cargo carriers dominate the portion of detentions by almost 66 percent. Self-induced detention due to a lack of preparation by crews and company support are the main reasons of repeated detentions from the same type ships. Ships between six and ten years old show the lowest detention rate by 4 percent whereas ships less than five years old generate the highest detention rate by 22 percent. The main categories of the detentions from ships less than 5 years old are a lack of documentation and certification, and the clues support our opinion that owners and crews may neglect to prepare the inspections because their strong confidence for the ship condition due to young ship age. As a result of a great effort of Korean government and shipping companies to reduce a detention rate, the detention rate has been recently reduced to 0.3 percent. The results also require companies with the flag of convenience ships to spend more effort to reduce the detention rate, too. We expect that using social networking service by Korea Register will lower the detention rate by sharing relevant information real-time to ships and owners.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.3-30
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• 2011

According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

• Journal of Advanced Navigation Technology
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• v.7 no.2
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• pp.199-205
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• 2003

In this paper, CSMA/CA protocol is modified for aeronautical VHF communication through collision alleviation and the change of retransmission slot selection method in flag used transmission. When collision occurred in the contention period of CSMA/CA process, it is generally waiting for retransmission delay and it has the double size of CW(Contention Window). To solve this problem, this paper modifies the change procedure of original contention window size and reduces the state transition in collision among the whole of it. Also, in this paper we reduces the second collision probability through the station has to enter Backoff mode with increased contention window in the first collision. In the result of simulation, it is verified that it has good property in throughput and delay, So the proposed protocol is suitable for aeronautical VHF communication.