• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.59-89
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• 2009

The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.337-371
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• 2015

In recent years, aviation safety has been facing new hazards due to the rapidly changing environment in which aircraft operation increasingly finds. Continuously increasing air traffic volume, integration of various cultures from many States, and many other changes are the causal factors of the new risks. To identify such new hazards and risks, the government of the Republic of Korea (ROK) established aviation safety reporting systems in accordance with the international standards of the Convention on International Civil Aviation. However, there are some misunderstandings by the government in operating and by the personnel who take part in these reporting systems. Everybody should understand that aviation safety reporting system is not a punitive measure but a tool for collecting data in order to improve safety. In addition, such a system can be utilized further to promote an improved awareness on the need for a proper safety culture on the part of both the government, the industry and the personnel. This paper includes studies on international standards, relevant regulations in the United States and the United Kingdom. Moreover, this paper proposes to the government of ROK several points to improve their own system, including integration of the existing reporting systems, improvement of reporting items, implementation of safety data taxonomy and the establishment of safety data protection.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.47-67
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• 2009

In recent years, greenhouse gas (GHG) reduction has become high priority issue in international aviation. GHG emissions from the aviation sector only accounts for approximately 2 percent of total GHG emissions in the world. However, as with GHG gases in other sectors, it has been pointed out as a contributing factor to global warming and there is an ongoing conversation in the aviation community to establish international framework for emissions reductions. In the case of international aviation, effects of aviation activities of a State go beyond the airports and airspace of that State. This makes compiling of GHG emissions data very difficult. There are also other legal and technical issues, namely the principle of “Common but Differentiated Responsibility (CBDR)” under the United Nations Framework Convention on Climate Change (UNFCCC) and “Fair Opportunity” principle of the Chicago Convention. For all these reason, it is expected that it will not be an easy job to establish an internationally agreed mechanism for reducing emissions in spite of continuing collaboration among States. UN adopted the UNFCCC in 1990 and the Kyoto Protocol in 1997 to impose common but differentiated responsibility on emissions reductions. In international aviation, ICAO has been taking the lead in measures for the aviation sector. In this role, ICAO held the High-level Meeting on International Aviation and Climate Change on 7 to 9 October 2009 at its Headquarters in Montreal and endorsed recommendations on reducing GHG from international aviation which will also be reported to the 15th Meeting of the Conference of the Parties (COP15). Key items include basic principle in global aviation emissions reduction: aspirational goals and implementation options: strategies and measures to achieve goals: means to measure and monitor the implementation; and financial and human resources. It is very likely that the Republic of Korea will be included among the Parties subject to mandatory limitation or reduction of GHG emissions after 2013. Therefore, it is necessary for Korea to thoroughly analyze ICAO measures to develop comprehensive measures for reducing aviation emissions and to take proactive actions to prepare for future discussions on critical issues after COP15.

• Convergence Security Journal
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• v.13 no.5
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• pp.137-145
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• 2013

The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

• Convergence Security Journal
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• v.15 no.6_2
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• pp.79-87
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• 2015

In order to clearly recognize illegality of insurance crime, declaring the provisions on insurance crime is preferable. An insurance fraud differentiated from Configuration Requirements of general fraud should be established And differentiation in accordance with the act type of insurance crime the degree of organizational involvement is required. Also the introduction of civil sanctions and creation of additional punishment provision about Organized insurance fraud are required. To notice duplicate insurance when sign up life insurance, the revision of the provisions is required. To limit unnecessary long-term hospitalization, hospitalization standard is required. Introduction of private investigator is required as a method for endowing with investigation to the staff of insurance companies. By providing information sharing laws between relevant agencies including insurance companies and law enforcement agencies, the foundation of information database, and the introduction of SNA Techniques in the IFAS,, you can detect Organized collusion crime.

• Journal of Korean Association for Spatial Structures
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• v.13 no.3
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• pp.83-90
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• 2013

A series of wind tunnel tests were conducted on 7 super-tall buildings with various polygon cross-sections, including triangle, square, pentagon, hexagon, octagon, dodecagon, and circular. The primary purpose of the present study is to investigate the effect of increasing number of sides on aerodynamic characteristics for super-tall buildings. Wind tunnel tests were conducted under the turbulent boundary layers whose power-law exponent is 0.27. Fluctuating wind pressures from more than 200 pressure taps were recorded simultaneously, and time series of overturning moments were calculated considering tributary area of each pressure tap. The results show that the overturning moment coefficients and the spectral values decrease with increasing number of sides, and the largest mean and fluctuating overturning moments were found for the triangular super-tall building, and the largest spectral values were found for the square super-tall building. The analysis should be conducted more in detail, but currently it can be roughly said that there seems to be a little differences in the aerodynamic characteristics for the super-tall buildings whose number of sides is larger than 5 or 6.

• Spatial Information Research
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• v.12 no.1
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• pp.57-71
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• 2004

In this study about construction of land consulting information system the system is constructed for the support be rapidly and efficiently of decision making information. Supporting decision making is be sure need when build in land or change form and character of land, that kind of variety land law, conditions of buying land location, distribution of land answering to the development purpose and buying and selling or lease of land. So that land consulting information system can be query, search, identity and analysis for the decision making elements using the computer. The system an another name ALGOSA far the improved extent of legal in ability of system. Like this where spread of system is by company as well as private person, it's company kinds of real estate business, survey and civil designer's office, architectural designer's office and professional1y land development company of great many all over the country.

• Journal of Soil and Groundwater Environment
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• v.16 no.5
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• pp.53-66
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• 2011

Groundwater which infiltrated in recharge areas discharges in the forms of evapotranspiration, baseflow to streams, groundwater abstraction and eventually flows into the sea. This study characterized radon-222 concentration and electrical conductivity (EC) in coastal groundwater discharge, well groundwater, Ilkwang Stream water, and seawater in the coastal area of Busan Metropolitan City and subsequently estimated groundwater discharge rate to the sea. The median value of Rn-222 concentration is highest in well groundwater (18.36 Bq/L), and then decreases in the order of coastal groundwater discharge (15.92 Bq/L), Ilkwang Stream water (1.408 Bq/L), and seawater (0.030 Bq/L). The relationship between Rn-222 concentration and EC values is relatively strong in well groundwater and then in seawater. However, the relationship is not visible between coastal groundwater discharge and Ilkwang Stream water. The groundwater discharge rate to the sea is estimated as $3,130m^3$/day by using radon mass budget model and $16,788m^3$/day by using Darcy's law.

• Journal of Environmental Health Sciences
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• v.32 no.5 s.92
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• pp.387-397
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• 2006

This study was performed to investigate the characteristics of indoor air quality(IAQ) in 91 public facilities from September 2004 to March 2005 in the Honam province(Chonnam, Gwangju). The measured air pollutants are $PM_{10}$, formaldehyde(HCHO), CO, $CO_{2}$ and total suspended bacteria(TSB), the maintenance standard materials of IAQ management law established by ministry of environment in Korea(MOE). We also surveyed establishment and operation of ventilation equipment. It was measured $1.2m{\sim}1.5m$ on the floor between 8 o'clock AM and 7 o'clock PM. As the result, $PM_{10}$ and CO was showed the highest concentration, $188.89{\mu}g/m^{3}$, 8.67 ppm, at the indoor parking. The concentration of HCHO was the highest in large store and steamer room. The concentration was respectively $118.70{\mu}g/m^{3}\;and\;113.21{\mu}g/m^{3}$. The concentration of $CO_{2}$ was the highest at the reading room of the library on the condition of natural ventilation. The concentration of $CO_{2}$ was 1,816 ppm and higher than the IAQ standards established by MOE. The TSB was just measured in the hospital and silver town. It was the highest at the admission room of hospital. The concentration of TSB was $766CFU/m^{3}$. The public facilities of this study were not exceed each maintenance standards except $CO_{2}$ but it was surveyed that the management will be needed about some air pollutant according to target facilities.

• Korean Journal of Construction Engineering and Management
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• v.16 no.3
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• pp.3-10
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• 2015

Value engineering (VE) of the construction project is classified into design phase value engineering and construction phase value engineering. Design phase value engineering must apply to over 10 billion public construction projects by government law. Therefore, the design value engineering apply to actively in construction projects. In contrast, the construction value engineering apply to a limited certain construction project. The reason is that construction value engineering process can not reflect practical demands quality. The construction value engineering can implement to positive impact through the feasibility verification for constructability. In this research, we propose a method of construction value engineering that reflect the practical demands. This method is experts alternative evaluation of using by GFI-based. And, this study was applied to the practical cases to verify the applicability of the proposed method. As a result, proposed alternative evaluation method were analyzed highly efficient in terms of applying the process as well as the method compare to the conventional method.