• Korean Security Journal
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• no.53
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• pp.63-79
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• 2017

Defence Security Command is the only military intelligence and investigation agency which is in charge of safeguarding military information and investigating specific crimes such as subversion and disloyalty in military. While the presidential security provided by Defence Security Command, along with Presidential Security Service(PSS) and the police, forms one of three pillars sustaining presidential security, its works and activities have been rarely known to the public due to the military confidentiality. This study looks into some data specialized into the presidential security among works of Defense Security Command by using various resources such as biographies of key people, media reports, and public materials. It reviews the presidential security works in a historical sense that the works have developed and changed in accordance with the historical changes of Defense Security Command, which was rooted in Counter-Intelligence Corps (Teukmubudae in Korean) in 1948 and leads to the present. The study findings are as follows. First, when the Korean War broke out in 1950 and since then the South Korea was under the threat of the North Korean armed forces and left wing forces, Counter-Intelligence Corps(Bangcheopdudae in Korean) took the lead in presidential security more than the police who was in charge of it. Secondly, even after the Presidential Security Office has founded in 1963, the role of the military on presidential security has been extended by changing its titles from Counter-Intelligence Corps to Army Security corps to Armed Forces Security Command. It has developed their provision of presidential security based on the experience at the president Rhee regime when they could successfully guard the president Rhee and the important government members. Third, since the re-establishment into Defence Security Command in 1990, it has added more security services and strengthened its legal basis. With the excellent expertise, it played a pivotal role in the G20 and other state-level events. After the establishment of the Moon Jaeinin government, its function has been reduced or abolished by the National Defense Reform Act. However, the presidential security field has been strengthening by improving security capabilities through reinforcing the organization. This strengthening of the security capacity is not only effective in coping with the current confrontation situation with the hostile North Korean regime, but also is important and necessary in conducting constant monitoring of the military movement and security-threat factors within military during the national security events.

• Journal of Korean Society of Environmental Engineers
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• v.36 no.10
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• pp.719-723
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• 2014

For effective implementation of total maximum daily load (TMDL), this study presented the improving plans of non-point source pollution management including the classification of non-point source pollution, calculation of non-point source pollution load (generated, discharged), selection of non-point source pollution management regions and management of non-point source pollutant. First of all, the definition of point source pollution and non-point source pollution based on the legal and scientific viewpoint should be precisely classified and managed. Especially, the forest, grassland and river without occurrence of environmental damage by activity of business and human should be separately classified natural background pollutants. The unit for generated and discharged non-point source pollution should be preferentially changed according to actual condition of watershed. The calculation methods of generated and discharged non-point source pollution should be corrected consideration on the amount and duration of rainfall. While the TMDL is implemented, non-point source pollution management regions should be selected in the watersheds exceed the targeted water quality standards by the rainfall. The non-point source pollution management regions should be selected in the minimal regions where have high values of discharged non-point source pollution density in the urban area, farmland and site area except forest, grassland in the whole watershed. The non-point source pollutant treatment facilities, which take into consideration non-point source pollution load per unit area, duration of the excess concentration, realizable possibility of treatment, effectiveness of treatment cost versus point source pollutant, should be established in the regions with a large generated non-point source pollution load and a high concentration of water quality exceed the targeted water quality standards by the rainfall.

• Journal of Distribution Science
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• v.12 no.6
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• pp.15-20
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• 2014

Purpose - In general, researchers try to abide by the code of research ethics, but many of them are not fully aware of plagiarism, unintentionally committing the research misconduct when they write a research paper. This research aims to introduce researchers a clear and easy guideline at a conference, which helps researchers avoid accidental plagiarism by addressing the issue. This research is expected to contribute building a climate and encouraging creative research among scholars. Research design, data, methodology & Results - Plagiarism is considered a sort of research misconduct along with fabrication and falsification. It is defined as an improper usage of another author's ideas, language, process, or results without giving appropriate credit. Plagiarism has nothing to do with examining the truth or accessing value of research data, process, or results. Plagiarism is determined based on whether a research corresponds to widely-used research ethics, containing proper citations. Within academia, plagiarism goes beyond the legal boundary, encompassing any kind of intentional wrongful appropriation of a research, which was created by another researchers. In summary, the definition of plagiarism is to steal other people's creative idea, research model, hypotheses, methods, definition, variables, images, tables and graphs, and use them without reasonable attribution to their true sources. There are various types of plagiarism. Some people assort plagiarism into idea plagiarism, text plagiarism, mosaic plagiarism, and idea distortion. Others view that plagiarism includes uncredited usage of another person's work without appropriate citations, self-plagiarism (using a part of a researcher's own previous research without proper citations), duplicate publication (publishing a researcher's own previous work with a different title), unethical citation (using quoted parts of another person's research without proper citations as if the parts are being cited by the current author). When an author wants to cite a part that was previously drawn from another source the author is supposed to reveal that the part is re-cited. If it is hard to state all the sources the author is allowed to mention the original source only. Today, various disciplines are developing their own measures to address these plagiarism issues, especially duplicate publications, by requiring researchers to clearly reveal true sources when they refer to any other research. Conclusions - Research misconducts including plagiarism have broad and unclear boundaries which allow ambiguous definitions and diverse interpretations. It seems difficult for researchers to have clear understandings of ways to avoid plagiarism and how to cite other's works properly. However, if guidelines are developed to detect and avoid plagiarism considering characteristics of each discipline (For example, social science and natural sciences might be able to have different standards on plagiarism.) and shared among researchers they will likely have a consensus and understanding regarding the issue. Particularly, since duplicate publications has frequently appeared more than plagiarism, academic institutions will need to provide pre-warning and screening in evaluation processes in order to reduce mistakes of researchers and to prevent duplicate publications. What is critical for researchers is to clearly reveal the true sources based on the common citation rules and to only borrow necessary amounts of others' research.

• Journal of Korean Society of Forest Science
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• v.99 no.3
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• pp.380-390
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• 2010

This research was conducted to investigate the consciousness of demander on National Forest Management System and to seek for solution to activate it by measuring the variables such as the extent of goal achievement on the system, the extent of importance on function of national forest, benefit for participation of the system, and the extent of importance on the system as well as the extent of demander recognition and intention of participation on the system like, Cooperative Forest Program and People's Forest Program. The target of this investigation is to categorize consumers of National Forest Management System (NFMS) into four types such as environmental organization that do not participate in the system, environmental organization that participate in the team, company to publish a white paper on environmental and local government. As a result, the intention of participation was showed in C Type (62.7%), among fields that respondents interested in participation were tree planting and forest tending (56.2%). However, the rest of the participants were reluctant participate in the NFMS due to more benefit (72.2%) of corporate social responsibility from other fields than those from the field utilizing forestry. If only, diverse facilities related to national forest and active supporting policy are provided by Korea Forest Service, social participation using forest resources would be considered. Although 61% among A Type recognized NFMS in advance, the prime reason for not utilizing are the problems with reserving place for participates in and the inconvenience to participate in on-site. Type D shows slightly high interest in People's Forest Program (3.69). Also, it shows high interest in Forest Recreation (4.15) and Forest Reports (3.90). Particularly, it indicates that GyeongGi-Do and GangWon-Do local government prefers Forest Experience, and Cheolla, ChungCheong and GyeongSang local government prefer Forest Reports. Based on the above study, we finally suggest that legal alignment of the system, and the provision of incentive for inducement of voluntary participation by Corporate Social Responsibility (CSR), and establishment of new exclusive nongovernmental organization be able to operate the system as the solution to activate NFMS in terms of the consumer.

• Journal of Korean Society of Archives and Records Management
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• v.3 no.1
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• pp.129-140
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• 2003

The ultimate goal of preserving and maintaining the records is to use them practically. The effective use of records should be supported by the reasonable recordskeeping systems and access standards. In this report, I examined the Korean laws and administrative systems related to the public records access issues. After I pointed out major problems of the access laws, the Government Information Opening Act (GOIA), and the problems in practices, I suggested some alternatives for the betterment of the access system. The GIOA established "eight standards of exemption to access" not to open some information to protect national interests and privacy. The Public Records Management Act (PRMA) applies to the archives transferred to "professional archives." The two laws show fundamental differences in the ways to open the public records to public. First, the GIOA deals with the whole information (the records) that public institutions keep and maintain, while the PRMA deals with the records that were transferred to the Government Archives. Second, the GIOA provides with a legal procedure to open public records and the standards to open or not to open them, while the PRMA allows the Government Archives to decide whether the transferred records should be opened or not. Third, the GIOA applies to record producing agencies, while the PRMA applies to public archival institutions. One of the most critical inadequacies of the PRMA is that there are no standards to judge to open the archives through reclassification procedure. The GIOA also suggests only the type of information that is not accessible. It does not specify how long the records can be closed. The GARS does not include the records less than 30 years old as its objects of the reclassification. To facilitate the opening of the archives, we need to revise the GIOA and the PRMA. It is necessary to clearly divide the realms between the GIOA and the PRMA on the access of the archives. The PRMA should clarify the principles of the reclassification as well as reclassifying method and exceptions. The exemption standards of the GIOA should be revised to restrict the abuse of the exemption clauses, and they should not be applied to the archives in the GARS indiscreetly and unconditionally.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.273-314
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• 2004

There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

• Journal of Digital Convergence
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• v.15 no.12
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• pp.203-212
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• 2017

This research analyzed the factors that have the influences on the intentions to use the consumer dispute settlement system for the small- and medium-sized corporations. The consumer dispute settlement system is a general Internet information portal service which enables the small- and medium-sized corporations and the small businesses receive the support for the accurate damage handling method and the legal service through the Internet in their disputes with the black consumers or the consumers. With the small- and medium-sized corporation users who use the consumer dispute settlement system as the subjects, the research took a lot at what influences the consumer dispute settlement system has on the quality of the information, the quality of the system, the ease-of-use regarding which the environmental factors are perceived, and the ease that was perceived and, finally, what influences it has on the intention of the use. The accuracy, the convenience, and the costs of the consumer dispute settlement system had the positive influences on the ease-of-use that was perceived and the accuracy and the convenience, also had the positive influences on the usefulness that was perceived. Also, it was verified that the ease-of-use of the consumer dispute settlement system that was perceived and the usefulness of use of the consumer dispute settlement system that was perceived finally had the positive influence relationships with the intention of the use. It is highly expected that if, based on the results of this research, the quality of the consumer dispute settlement system is maintained and supplemented to fit the priority order, there will be the maintenance of, and the development toward, a system that is even more improved than the previously existent system.

• Korean journal of communication and information
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• v.46
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• pp.511-555
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• 2009

Media-related regulations can be classified into two categories; regulations of individual media contents and regulations regarding the entry to and withdrawal from a certain field. In this dissertation, ownership regulations are regarded as legal and political measures so as to prevent the monopoly and oligopoly of public opinion, and to secure its diversity. Every country has its own regulation model according to its particular media environment. Korea too is obliged to actively respond to its environmental changes, at the same time vitalizing the media industry and protecting consumers' rights and interests. Strong political intentions to protect the public interest is necessary when it comes to media regulation policies, especially in the circumstances that public interest is an industrial priority. As the convergence of broadcasting and telecommunications is leading to a major shift in the media industry, the regulation of cross-media ownership is an issue involving potential conflicts among media-owners, non-governmental organizations and the authorities concerned, depending on their various viewpoints regarding the media industry. In this paper, an attempt was made to search necessity of redefining 'public interest', which is the logic behind the restriction of cross-media ownership, and to reconceptualize issues on the centralization and diversity of media. First, an examination of the actual conditions of newspaper companies was carried out in order to reinvestigate domestic cross-media ownership issues, which is represented by the cross-ownership issue of newspapers and broadcasting stations. Next, the dilemma of policies stimulated by the fusion of media was discussed based on cross-media ownership restrictions, and the need for efficient conflict control was suggested. Finally, proposals on the independency and public confidence of media-related policy-making authorities, the rationalization of regulation models, an itemized discussion on cross-media ownership regulation issues, the elaboration of measures for a balanced development among media were made. It could be found that a number of foreign countries were still facing challenges to prevent monopoly and oligopoly of the public opinion and the industry. A solution to settle disagreements about the dilemma of the media industry, including the cross-media ownership regulation issues, must be arranged on the grounds of 'mutual respect of public interest and industrial interest', In Korea, an ease on the ownership regulations adapting to the change in the media industry may be considered, however the softening of the cross-media ownership regulations must be approached with the utmost care. Paradoxically Relieving cross-media ownership regulations may be considered the foundation of a richer field of journalism, where there is no need for concern over the monopoly and oligopoly of public opinion.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.193-222
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• 1989

The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.