• Journal of the Korea Society of Computer and Information
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• v.21 no.2
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• pp.137-144
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• 2016

The followings are required to establish uniform principle of criminal jurisdiction for international cyber crime into customary international law; (1) clear guideline of UN for promoting national practice (2) formation of general practices based on these guidelines (3) these general practices should obtain legal confidence. International society is in close cooperation for investigating and controlling cyber threat. The US FBI has closed down the largest online crime space called 'Darkcode' and prosecuted related hackers based on joint investigation with 19 countries including England, Australia, Canada, Bosnia, Croatia, Israel, and Rumania. More and more people in Korea are raising their voices for joining cyber crime treaty, 'Budapest Treaty.' Budapest Treaty is the first international treaty prosecuting cyber crime by setting out detailed regulations on internet criminal act. Member countries have installed hotline for cyber crime and they act together. Except European countries, America, Canada, and Japan have joined the treaty. In case of Korea, from few years before, it is reviewing joining with Ministry of Foreign affairs, Ministry of Justice and the National Police but haven't made any conclusion. Different from offline crime, cyber crime is planned in advance and happens regardless of border. Therefore, international cooperation based on position of punishing criminals and international standards. Joining of Budapest international cyber crime treaty shall be done as soon as possible for enhancing national competence.

• 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.

• 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.

• Journal of the Korean Institute of Landscape Architecture
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• v.46 no.3
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• pp.27-35
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• 2018

In the mandatory application of the CPTED, only negative parts of urban parks and vegetation were reflected. Therefore, this study tries to present the positive effects of urban parks and vegetation. The purpose of this study is to demonstrate the effects of urban parks and vegetation on crime occurrence and to suggest the planning implications of this to CPTED based on theory related to crime, environmental psychology, and crime occurrence analysis. This study used the crime occurrence data of Seoul, NDVI, population, distance from urban park, floating population, and the like. This study collected data from the Statistics Korea, the local government, and Landsat 8 satellite images provided by the USGS and created data of environmental variables and social variables by district using ArcGIS and statistical program. Literature analysis, correlation analysis, regression analysis, and geographically weighted regression were used to determine the relationship between crime occurrence and environmental variables, and to discuss its implication. It was found that crime occurrence has a relationship with the total population (${\beta}=.663$), the number of amusement facilities (${\beta}=.447$) and the area of a police station jurisdiction (${\beta}=.395$). This confirms that a crime rate is low when the floating population is large (${\beta}=-.241$) and vegetation vitality is high (NDVI, ${\beta}=-.281$). Vegetation vitality (NDVI) is effective in lowering violence through psychological stabilization, strengthening territoriality and improving regional image. The implications for the allocation of urban park and vegetation, program and management plan of urban park and vegetation to reduce crime occurrence have therefore been presented.

• Journal of Digital Convergence
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• v.12 no.6
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• pp.35-42
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• 2014

In Korea, all investigations of maritime crime such as murder, robbery, drug trafficking, and illegal fishing that have been committed at sea are under the jurisdiction of maritime police. As maritime crimes tend to have more unique cases, cause damage on a larger scale, and be limited to evidence that is possibly contaminated, compared to non-maritime crimes, the cases demand maritime police investigators with a higher level of expertise. However, there is currently a lack of competent investigators in the maritime police, leading to the training of maritime police investigators in training agencies. so many of maritime investigators goes to land police training agency including Korean Police Investigation Academy. Therefore, in order to improve the capabilities of maritime crime investigation we must first gather information and data in relation to maritime crimes to foster more investigation specialists, and establish specialized training agencies offering a training course more focused on maritime crimes.

• Journal of the Korean Society of Marine Environment & Safety
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• v.23 no.5
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• pp.482-487
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• 2017

It is necessary to respond to criminal cases on board of pelagic fishing boats in the international waters with domestic legal judgement and international legal judgement due to a natural limitation by geographical long distance while it is possible to deal with domestic criminal cases with prompt response by using air crafts or patrol vessels. In other words, according to the flag of the vessel, the legal status of the water where is the crime scene, the nationalities of the victim and the perpetrator, it is required to judge if Korea can exert their jurisdiction and there is an issue if Korea Coast Guard exert their law enforcement effectively with this natural problem. In this paper, I propose a systemic improvement for a swift investigation for henceforth similar case's occurrence by analyzing the jurisdiction, the suspect's handling, the basic cause of the murder on-board which are based on the case of the vessel No.803 Gwang-Hyeon which was happened recently.

• Korean Security Journal
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• no.48
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• pp.147-176
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• 2016

Korean Peninsula is surrounded by ocean on three sides. Because of this geographical quality over 97% of export and import volumes are exchange by sea. Foreign ship and international passenger vessels carries foreign tourist and globalization and internationalization increases this trends. Leisure population grows with national income increase and interest of ocean. And accidents and incidents rates are also increases. Korea Coast Guard's jurisdiction area is 4.5 times bigger than our country. The length of coastline is 14,963km including islands. One patrol vessel is responsible for 24,068km and one coast guard substation is responsible for 94km. Efficient patrol activities can not be provided. This research focus on this problem. Analyze the status and trends of maritime crime and suggest efficient patrol activities. To deal with increasing maritime crime rate this study suggest to use geographical profile method which developed early 1900s in USA. This geographical profile analyse the spatial characteristic and mapping this result. With this result potential crime zone can be predicted. One of the result is hot spot management which gives data about habitual crime zone. In Korea National Police Agency adopt this method in 2008 and apply on patrol and crime prevention activity by analysis of different criteria. Korea National Police Agency analyse the crime rate with crime type, crime zone and potential crime zone, and hourly, regionally criteria. Korea Coast Guard need to adopt this method and apply on maritime to make maritime crime map, which shows type of crime with regional, periodical result. With this geographical profiling we can set a Criminal Point which shows the place where the crime often occurs. The Criminal Points are set with the data of numerous rates such as homicide, robbery, burglary, missing, collision which happened in ocean. Set this crime as the major crime and manage the data more thoroughly. I expect to enhance the reinforcement of marine crime using this Criminal Points. Because this points will give us efficient way to prevent the maritime crime by placing the patrol vessel where they needed most.

• Journal of the Korean Society of Marine Environment & Safety
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• v.5 no.2
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• pp.141-165
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• 1999

The Customs Act provides for a general rule all goods entering Korea shall be subject to customs duties as set in the customs tariff schedules as other fees and taxes determined except those excluded by virtue of the Customs Act or intentional agreements. Importation begins from the time carrying vessel or aircraft enters Korea territorial jurisdiction with the intention to unload the same until the time the goods are released or withdrawn from the customhouse upon payment of the appropriate duties. Imported articles may be categorized into prohibited importations, dutiable importations and conditionally free importation. Some other articles are qualifiedly prohibited, meaning they can enter the country after compliance with certain conditions. If there is any conduct violating these act, criminal sanctions may be imposed for the prevention and suppression of smuggling and other frauds, and the enforcement of tariff and customs act. As a result importers who intentionally violates Korea Customs Act may be subject to criminal prosecution. Many major provisions of customs act have imposed severe sanctions for customs crimes in comparison with other crimes due to general rule of criminal law. There is a great deal of activity in Pusan area relating to smuggling of narcotics and prohibited drugs, obscene articles and weapons. On one side, criminals who seek to profit by narcotics or drug threaten public health and human environment, On other side, weapon smuggling is a significant threat to our national security. However the studies on customs crime and customs act have not been viewed. Thus this Article overviews especially the customs crime and criminal sanction focused on domestic customs act.

• Proceedings of the KSR Conference
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• 2005.11a
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• pp.558-568
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• 2005

There are two kinds of police authorities in Korea. One is the Special Judicial Police, under the authority of the Ministry of Construction and Transportation, charged with maintenance of public order on trains, in stations and other places of business operated by the Korea Railway Corporation. The other is the Local Subway Police, belonging to the Local Police Agencies, whose jurisdiction covers trains, station and other areas managed and operated by local governments. The existence of two separate entities for common objective of railway security has given rise to problems including inefficiency in performance and lack of technical knowledge and synergic effects. This study looks at the need for resolving those problems by restructuring and expanding the Special Judicial Police to bring railway security under a single authority and an integrated railway security systems operation.

• Korean Security Journal
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• no.55
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• pp.117-141
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• 2018

Police crime statistics report that residential housing such as apartment, low rise, detached houses is the second most vulnerable to crime, which is closely followed by the number of street crimes. Also residential houses are often exposed to quality-of-life crime, e.g burglary. It threatens the basic human rights of house residents in terms of safety and comfort within the urban living environment. This study examines related precedent studies regarding the vulnerability of residential housing including studios, multi-family housing from the viewpoint of crime prevention through environment design(CPTED), extracted the elements and items suitable for the safety of residential facilities and the certification evaluation indicators and check items to be the basis for the checklist are derived. Based on these evaluation indicators and inspection items, we conducted on-site surveys of residential facilities in three areas of Seoul, Yongin and Asan, and the final draft of the checklist was revised based on the results of the field survey. There are 43 items on the 7 fields of evaluation in the final version of checklist, 11 items in the management and operation, 20 items in the surveillance, 7 items in the access control, 1 item in the territoriality, 2 items in the activity support, and 2 items in the security and safety facilities. In addition, various points of interest were added to allow the administrator of the residential facility to earn points for special measures taken for safety. This checklist can be appropriately modified and utilized in consideration of the characteristics of each facility. Korean national police agency has CPOs to check the residential facilities in their jurisdiction using checklists and to certify excellent facilities with high level of safety.