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The Duty and Liability of the Carrier in Relation to Cargo Delivery in the International Air Transport of Cargo (국제항공화물운송에 있어서 운송인의 화물인도 의무와 책임)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.71-96
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    • 2006
  • This paper intends to describe the carrier's duty for the delivery of international air cargo and the carrier's liability for the illegal delivery of cargo under the Montreal Convention, lATA Conditions of Carriage for Cargo and judicial precedents. Under the Article 13 of Montreal Convention, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charge due and on complying with the conditions of carriage. And unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. Under the Article 18 of Montreal Convention, the carrier is liable for damage sustained in the event of the destruction or less of or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. And the carriage by air comprises by the period during which the cargo is in the carriage of the carrier. Under the Article 11 of lATA Conditions of Carriage for Cargo, carrier is liable to shipper, consignee of any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused to the damage so sustained took place during the carriage as defined under Article 1. According to the precedent of Korean Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the airway bill by the bonded warehouse operator because the freight forwarder did not designate the bonded warehouse and did not hold the position of employer to the bonded warehouse operator. In conclusion, the carrier or freight forwarder should pay always attention the movement and condition of the cargo not to be liable for the illegal delivery of cargo.

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EU Integration and Its Aviation Relationship with Third Countries (유럽연합(EU) 통합과 제3국과의 항공관계)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.135-167
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    • 2006
  • Air service agreements between EU Member States and third countries concluded by Sweden, Finland, Belgium, Luxembourg, Austria, the Netherlands, Denmark and the United Kingdom after the Second World War infringe EU law. They authorize the third countries to withdraw, suspend or limit the traffic rights of air carriers designated by the signatory States. According to the Court of Justice of the European Communities (CJEC), these agreements infringe EU law in two respects. On the one hand, the presence of nationality clauses infringes the right of European airlines to non-discriminatory market access to routes between all Member States and third countries. On the other hand, only the EU has the authority to sign up to this type of commitment where agreements affect the exercise of EU competence, i.e. involve an area covered by EU legislation. The Court held that since the third countries have the right to refuse a carrier, these agreements therefore constitute an obstacle to the freedom of establishment and freedom to provide services, as the opening of European skies to third countries' companies is not reciprocal for all EU airlines. In the conclusion, in order to reconstruct these public international air law, The new negotiations between EU member states and third countries, especially the US, must be designed to ensure an adequate set of principles, so that Member States, in their bilateral relations with third countries in the area of air service, should consider following three models. The 1st, to develop a new model of public international air law such as a new Bermuda III. The 2nd, to reconstruct new freedoms of the air, for example, the 7th, 8th, and 9th freedoms. The 3rd, to explore new approaching models, such as complex system theory explored in the recent social sciences, to make access world-wide global problems instead of bilateral problems between EU member states and United States. The example will show any lessons to air talks between European Union and ROK.

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International Legal Regulation for Environmental Contamination on Outer Space Activities (우주에서의 환경오염 방지를 위한 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.153-194
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    • 2009
  • The resources of outer space are for the common exploitation of mankind, and it is a common responsibility of mankind to protect the outer space environment. With the rapid development of space science and technology, and especially with the busy space activities of some major space powers, environmental contamination or space debris is steadily increasing in quantity and has brought grave potential threats and actual damage to the outer space environment and human activities in space. Especially We must mitigate and seek out a solution to remove space debris which poses a threat directly to man's exploitation and use of outer space activities in the Low Earth Orbit (LEO) and in the Geostationary Orbit (GEO), through international cooperation and agreement in the fields of space science, economics, politics and law, in order to safeguard the life and property of mankind and protect the earth's environment. While the issue of space debris has been the subject of scientific study and discussion for some time now, it has yet to be fully addressed within the context of an international legal framework. During the earlier stages of the space age, which began in the late 1950s, the focus of international lawmakers and diplomats was the establishment of basic rules which sought to define the legal nature of outer space and set out the parameters for space activities and the nature and scope of activities carried out in outer space were quite limited. Consequently, environmental issues and the risks that might arise from the generation of space debris did not receive priority attention within the context of the development international space law. In recent years, however, the world has seen dramatic advances in technology and increases in the type and number of space-related activities which are being carried out. In addition, the number of actors in this field has exploded from two highly developed States to a vast array of different States, intergovernmental and nongovernmental organizations, including private industry. Therefore, the number of artificial objects in the near-Earth space is continually increasing. As has been previously mentioned, COPUOS was the entity that created the existing five treaties, and five sets of legal Principles, which form the core of space law, and COPUOS is clearly the most appropriate entity to oversee the creation of this regulatory body for the outer space environmental problem. This idea has been proposed by various States and also at the ILA Conference in Buenos Aires. The ILA Conference in Buenos Aires produced an extensive proposal for such a regulatory regime, dealing with space debris issues in legal terms This article seeks to discuss the status of international law as it relates to outer space environmental problem and space debris and indicate a course of action which might be taken by the international community to develop a legal framework which can adequately cope with the complexity of issues that have recently been recognized. In Section Ⅱ,Ⅲ and IV of this article discuss the current status of international space law, and the extent to which some of the issues raised by earth and space environment are accounted for within the existing United Nations multilateral treaties. Section V and VI discuss the scope and nature of space debris issues as they emerged from the recent multi-year study carried out by the ILA, Scientific and Technical Subcommittee, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space ("COPUOS") as a prelude to the matters that will require the attention of international lawmakers in the future. Finally, analyzes the difficulties inherent in the future regulation and control of space debris and the activities to protect the earth's environment. and indicates a possible course of action which could well provide, at the least, a partial solution to this complex challenge.

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Proposal on the Creation of a New Space Organization for the Moon and Celestial Bodies' Exploitation (달과 천체 개발을 위한 새로운 우주기구의 창설에 관한 제안)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.161-198
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    • 2014
  • The idea of creating an International Space Exploitation Agency (tentative title: hereinafter referred to ISEA) is only my academic and theoretical opinion. It is necessary for us to establish ISEA as an international organization for the efficient and rapid exploitation of natural resources in the moon and other celestial bodies. The creation of ISEA as a new international organization is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to create it as a preliminary procedure, it needs to make the Draft for the Convention on the Establishment an ISEA among the space-faring countries. The main contents of this paper is composed of (1) introduction, (2) joint exploitation of the natural resources (Heliumn-3, etc.) in the moon and ISEA, (3) activities for the exploitation of moon and other celestial bodies by the space-faring powers, (4) legal problems and Solution for the exploitation and mining rights of the natural resources in the moon, mars and celestial bodies, (5) procedure of creating an ISEA, (6) the principal points that need to be included in the draft for the ISEA convention, (7) conclusion. The creation of an ISEA would lead to a strengthening of the cooperation among the States deemed essential by the global community towards joint undertakings in space and would act as a catalyst for the efforts on the exploitation of the natural resources moon, mars, Venus, Mercury and other celestial bodies and allow resources, technology, manpower and finances to be centrally managed in an independent fashion to the benefit of the space-faring countries. It is desirable and necessary for us to create ISEA in order to promote cooperation in the field of space policy, law, science technology and industry etc. among the space-faring countries. The creation of the ISEA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon, Mars, Venus, Mercury and other celestial bodies. Finally, it should be noted that the political drive will be necessary not only to set up the organization ISEA, but also study a subsequent measures. It is also necessary for us to create the ISEA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads (president or prime minister) of the space super-powers including the UNCOPUOS will be agreed to establish ISEA at a summit conference, 1 believe that it is possible to establish an ISEA in the near future.

The Legal Study of Prohibited Items on Aeroplane for the Aircraft Safety and Security (항공안전보장.질서유지를 위한 항공기반입금지 물품 관리.감독에 관한 입법적 개선방안)

  • Chang, In-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.33-66
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    • 2014
  • While the numbers of overseas travelers has been increased rapidly each year, the numbers of passengers in the aircraft also has continued to be increased gradually. In the mist of these increasing numbers, such accidents as threatening an aircraft safety like riot, aircraft hijacking and terrorism have happened constantly. In these circumstances, South Korean government has prescribed "Aviation on Security Act" in accordance with the Convention on International Civil Aviation and other international agreements. This act aims to prevent illegal activities and illegal items on the aircraft to ensure the safety and security of civil aviation. However, this act is not sufficiently regulating all the illegal crimes and illegal items on the flight. For the worse, there is a lack of effective supervisory capacity. Likewise, the inherent problems of the current laws relating to the prevention of the illegal items on the aircraft are appearing on the surface continually. Above all, illegal items on the aircraft are directly connected to the issue of aviation safety and security as well as a safe utilization of the flight service. Thus, when there occurs a serious accident on board, it surely would be led to a huge economic loss not mentioning the loss of lives following the accident. Therefore safety of the flight passengers cannot be guaranteed without ensuring the safety of aircraft facilities and good supervisory mechanism of illegal items on the aircraft. Accordingly, establishing a safe operation order tends to influence economy and tourism of a country in no small measure. Therefore, it is an urgent issue to settle down a reasonable and adequate supervisory regulations regarding the prevention of the illegal items on the aircraft. Consequently, in this article, I studied on a reasonal and effective mechanism to control the prevention of the illegal items and illegal acts on the aircraft in order to ensure a safety and security of civil aircraft.

An Interactive Cooking Video Query Service System with Linked Data (링크드 데이터를 이용한 인터랙티브 요리 비디오 질의 서비스 시스템)

  • Park, Woo-Ri;Oh, Kyeong-Jin;Hong, Myung-Duk;Jo, Geun-Sik
    • Journal of Intelligence and Information Systems
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    • v.20 no.3
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    • pp.59-76
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    • 2014
  • The revolution of smart media such as smart phone, smart TV and tablets has brought easiness for people to get contents and related information anywhere and anytime. The characteristics of the smart media have changed user behavior for watching the contents from passive attitude into active one. Video is a kind of multimedia resources and widely used to provide information effectively. People not only watch video contents, but also search for related information to specific objects appeared in the contents. However, people have to use extra views or devices to find the information because the existing video contents provide no information through the contents. Therefore, the interaction between user and media is becoming a major concern. The demand for direct interaction and instant information is much increasing. Digital media environment is no longer expected to serve as a one-way information service, which requires user to search manually on the internet finding information they need. To solve the current inconvenience, an interactive service is needed to provide the information exchange function between people and video contents, or between people themselves. Recently, many researchers have recognized the importance of the requirements for interactive services, but only few services provide interactive video within restricted functionality. Only cooking domain is chosen for an interactive cooking video query service in this research. Cooking is receiving lots of people attention continuously. By using smart media devices, user can easily watch a cooking video. One-way information nature of cooking video does not allow to interactively getting more information about the certain contents, although due to the characteristics of videos, cooking videos provide various information such as cooking scenes and explanation for each recipe step. Cooking video indeed attracts academic researches to study and solve several problems related to cooking. However, just few studies focused on interactive services in cooking video and they still not sufficient to provide the interaction with users. In this paper, an interactive cooking video query service system with linked data to provide the interaction functionalities to users. A linked recipe schema is used to handle the linked data. The linked data approach is applied to construct queries in systematic manner when user interacts with cooking videos. We add some classes, data properties, and relations to the linked recipe schema because the current version of the schema is not enough to serve user interaction. A web crawler extracts recipe information from allrecipes.com. All extracted recipe information is transformed into ontology instances by using developed instance generator. To provide a query function, hundreds of questions in cooking video web sites such as BBC food, Foodista, Fine cooking are investigated and analyzed. After the analysis of the investigated questions, we summary the questions into four categories by question generalization. For the question generalization, the questions are clustered in eleven questions. The proposed system provides an environment associating UI (User Interface) and UX (User Experience) that allow user to watch cooking videos while obtaining the necessary additional information using extra information layer. User can use the proposed interactive cooking video system at both PC and mobile environments because responsive web design is applied for the proposed system. In addition, the proposed system enables the interaction between user and video in various smart media devices by employing linked data to provide information matching with the current context. Two methods are used to evaluate the proposed system. First, through a questionnaire-based method, computer system usability is measured by comparing the proposed system with the existing web site. Second, the answer accuracy for user interaction is measured to inspect to-be-offered information. The experimental results show that the proposed system receives a favorable evaluation and provides accurate answers for user interaction.

A Smoothing Data Cleaning based on Adaptive Window Sliding for Intelligent RFID Middleware Systems (지능적인 RFID 미들웨어 시스템을 위한 적응형 윈도우 슬라이딩 기반의 유연한 데이터 정제)

  • Shin, DongCheon;Oh, Dongok;Ryu, SeungWan;Park, Seikwon
    • Journal of Intelligence and Information Systems
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    • v.20 no.3
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    • pp.1-18
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    • 2014
  • Over the past years RFID/SN has been an elementary technology in a diversity of applications for the ubiquitous environments, especially for Internet of Things. However, one of obstacles for widespread deployment of RFID technology is the inherent unreliability of the RFID data streams by tag readers. In particular, the problem of false readings such as lost readings and mistaken readings needs to be treated by RFID middleware systems because false readings ultimately degrade the quality of application services due to the dirty data delivered by middleware systems. As a result, for the higher quality of services, an RFID middleware system is responsible for intelligently dealing with false readings for the delivery of clean data to the applications in accordance with the tag reading environment. One of popular techniques used to compensate false readings is a sliding window filter. In a sliding window scheme, it is evident that determining optimal window size intelligently is a nontrivial important task in RFID middleware systems in order to reduce false readings, especially in mobile environments. In this paper, for the purpose of reducing false readings by intelligent window adaption, we propose a new adaptive RFID data cleaning scheme based on window sliding for a single tag. Unlike previous works based on a binomial sampling model, we introduce the weight averaging. Our insight starts from the need to differentiate the past readings and the current readings, since the more recent readings may indicate the more accurate tag transitions. Owing to weight averaging, our scheme is expected to dynamically adapt the window size in an efficient manner even for non-homogeneous reading patterns in mobile environments. In addition, we analyze reading patterns in the window and effects of decreased window so that a more accurate and efficient decision on window adaption can be made. With our scheme, we can expect to obtain the ultimate goal that RFID middleware systems can provide applications with more clean data so that they can ensure high quality of intended services.

A Study on Design of Agent based Nursing Records System in Attending System (에이전트기반 개방병원 간호기록시스템 설계에 관한 연구)

  • Kim, Kyoung-Hwan
    • Journal of Intelligence and Information Systems
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    • v.16 no.2
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    • pp.73-94
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    • 2010
  • The attending system is a medical system that allows doctors in clinics to use the extra equipment in hospitals-beds, laboratory, operating room, etc-for their patient's care under a contract between the doctors and hospitals. Therefore, the system is very beneficial in terms of the efficiency of the usage of medical resources. However, it is necessary to develop a strong support system to strengthen its weaknesses and supplement its merits. If doctors use hospital beds under the attending system of hospitals, they would be able to check a patient's condition often and provide them with nursing care services. However, the current attending system lacks delivery and assistance support. Thus, for the successful performance of the attending system, a networking system should be developed to facilitate communication between the doctors and nurses. In particular, the nursing records in the attending system could help doctors monitor the patient's condition and provision of nursing care services. A nursing record is the formal documentation associated with nursing care. It is merely a data repository that helps nurses to track their activities; nursing records thus represent a resource of primary information that can be reused. In order to maximize their usefulness, nursing records have been introduced as part of computerized patient records. However, nursing records are internal data that are not disclosed by hospitals. Moreover, the lack of standardization of the record list makes it difficult to share nursing records. Under the attending system, nurses would want to minimize the amount of effort they have to put in for the maintenance of additional records. Hence, they would try to maintain the current level of nursing records in the form of record lists and record attributes, while doctors would require more detailed and real-time information about their patients in order to monitor their condition. Therefore, this study developed a system for assisting in the maintenance and sharing of the nursing records under the attending system. In contrast to previous research on the functionality of computer-based nursing records, we have emphasized the practical usefulness of nursing records from the viewpoint of the actual implementation of the attending system. We suggested that nurses could design a nursing record dictionary for their convenience, and that doctors and nurses could confirm the definitions that they looked up in the dictionary through negotiations with intelligent agents. Such an agent-based system could facilitate networking among medical institutes. Multi-agent systems are a widely accepted paradigm for the distribution and sharing of computation workloads in the scientific community. Agent-based systems have been developed with differences in functional cooperation, coordination, and negotiation. To increase such communication, a framework for a multi-agent based system is proposed in this study. The agent-based approach is useful for developing a system that promotes trade-offs between transactions involving multiple attributes. A brief summary of our contributions follows. First, we propose an efficient and accurate utility representation and acquisition mechanism based on a preference scale while minimizing user interactions with the agent. Trade-offs between various transaction attributes can also be easily computed. Second, by providing a multi-attribute negotiation framework based on the attribute utility evaluation mechanism, we allow both the doctors in charge and nurses to negotiate over various transaction attributes in the nursing record lists that are defined by the latter. Third, we have designed the architecture of the nursing record management server and a system of agents that provides support to the doctors and nurses with regard to the framework and mechanisms proposed above. A formal protocol has also been developed to create and control the communication required for negotiations. We verified the realization of the system by developing a web-based prototype. The system was implemented using ASP and IIS5.1.

An Efficient Heuristic for Storage Location Assignment and Reallocation for Products of Different Brands at Internet Shopping Malls for Clothing (의류 인터넷 쇼핑몰에서 브랜드를 고려한 상품 입고 및 재배치 방법 연구)

  • Song, Yong-Uk;Ahn, Byung-Hyuk
    • Journal of Intelligence and Information Systems
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    • v.16 no.2
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    • pp.129-141
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    • 2010
  • An Internet shopping mall for clothing operates a warehouse for packing and shipping products to fulfill its orders. All the products in the warehouse are put into the boxes of same brands and the boxes are stored in a row on shelves equiped in the warehouse. To make picking and managing easy, boxes of the same brands are located side by side on the shelves. When new products arrive to the warehouse for storage, the products of a brand are put into boxes and those boxes are located adjacent to the boxes of the same brand. If there is not enough space for the new coming boxes, however, some boxes of other brands should be moved away and then the new coming boxes are located adjacent in the resultant vacant spaces. We want to minimize the movement of the existing boxes of other brands to another places on the shelves during the warehousing of new coming boxes, while all the boxes of the same brand are kept side by side on the shelves. Firstly, we define the adjacency of boxes by looking the shelves as an one dimensional series of spaces to store boxes, i.e. cells, tagging the series of cells by a series of numbers starting from one, and considering any two boxes stored in the cells to be adjacent to each other if their cell numbers are continuous from one number to the other number. After that, we tried to formulate the problem into an integer programming model to obtain an optimal solution. An integer programming formulation and Branch-and-Bound technique for this problem may not be tractable because it would take too long time to solve the problem considering the number of the cells or boxes in the warehouse and the computing power of the Internet shopping mall. As an alternative approach, we designed a fast heuristic method for this reallocation problem by focusing on just the unused spaces-empty cells-on the shelves, which results in an assignment problem model. In this approach, the new coming boxes are assigned to each empty cells and then those boxes are reorganized so that the boxes of a brand are adjacent to each other. The objective of this new approach is to minimize the movement of the boxes during the reorganization process while keeping the boxes of a brand adjacent to each other. The approach, however, does not ensure the optimality of the solution in terms of the original problem, that is, the problem to minimize the movement of existing boxes while keeping boxes of the same brands adjacent to each other. Even though this heuristic method may produce a suboptimal solution, we could obtain a satisfactory solution within a satisfactory time, which are acceptable by real world experts. In order to justify the quality of the solution by the heuristic approach, we generate 100 problems randomly, in which the number of cells spans from 2,000 to 4,000, solve the problems by both of our heuristic approach and the original integer programming approach using a commercial optimization software package, and then compare the heuristic solutions with their corresponding optimal solutions in terms of solution time and the number of movement of boxes. We also implement our heuristic approach into a storage location assignment system for the Internet shopping mall.

Smartphone Security Using Fingerprint Password (다중 지문 시퀀스를 이용한 스마트폰 보안)

  • Bae, Kyoung-Yul
    • Journal of Intelligence and Information Systems
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    • v.19 no.3
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    • pp.45-55
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    • 2013
  • Thereby using smartphone and mobile device be more popular the more people utilize mobile device in many area such as education, news, financial. In January, 2007 Apple release i-phone it touch off rapid increasing in user of smartphone and it create new market and these broaden its utilization area. Smartphone use WiFi or 3G mobile radio communication network and it has a feature that can access to internet whenever and anywhere. Also using smartphone application people can search arrival time of public transportation in real time and application is used in mobile banking and stock trading. Computer's function is replaced by smartphone so it involves important user's information such as financial and personal pictures, videos. Present smartphone security systems are not only too simple but the unlocking methods are spreading out covertly. I-phone is secured by using combination of number and character but USA's IT magazine Engadget reveal that it is easily unlocked by using combination with some part of number pad and buttons Android operation system is using pattern system and it is known as using 9 point dot so user can utilize various variable but according to Jonathan smith professor of University of Pennsylvania Android security system is easily unlocked by tracing fingerprint which remains on the smartphone screen. So both of Android and I-phone OS are vulnerable at security threat. Compared with problem of password and pattern finger recognition has advantage in security and possibility of loss. The reason why current using finger recognition smart phone, and device are not so popular is that there are many problem: not providing reasonable price, breaching human rights. In addition, finger recognition sensor is not providing reasonable price to customers but through continuous development of the smartphone and device, it will be more miniaturized and its price will fall. So once utilization of finger recognition is actively used in smartphone and if its utilization area broaden to financial transaction. Utilization of biometrics in smart device will be debated briskly. So in this thesis we will propose fingerprint numbering system which is combined fingerprint and password to fortify existing fingerprint recognition. Consisted by 4 number of password has this kind of problem so we will replace existing 4number password and pattern system and consolidate with fingerprint recognition and password reinforce security. In original fingerprint recognition system there is only 10 numbers of cases but if numbering to fingerprint we can consist of a password as a new method. Using proposed method user enter fingerprint as invested number to the finger. So attacker will have difficulty to collect all kind of fingerprint to forge and infer user's password. After fingerprint numbering, system can use the method of recognization of entering several fingerprint at the same time or enter fingerprint in regular sequence. In this thesis we adapt entering fingerprint in regular sequence and if in this system allow duplication when entering fingerprint. In case of allowing duplication a number of possible combinations is $\sum_{I=1}^{10}\;{_{10}P_i}$ and its total cases of number is 9,864,100. So by this method user retain security the other hand attacker will have a number of difficulties to conjecture and it is needed to obtain user's fingerprint thus this system will enhance user's security. This system is method not accept only one fingerprint but accept multiple finger in regular sequence. In this thesis we introduce the method in the environment of smartphone by using multiple numbered fingerprint enter to authorize user. Present smartphone authorization using pattern and password and fingerprint are exposed to high risk so if proposed system overcome delay time when user enter their finger to recognition device and relate to other biometric method it will have more concrete security. The problem should be solved after this research is reducing fingerprint's numbering time and hardware development should be preceded. If in the future using fingerprint public certification becomes popular. The fingerprint recognition in the smartphone will become important security issue so this thesis will utilize to fortify fingerprint recognition research.