• Title/Summary/Keyword: Legal Defense

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A Smart Security Equipment and An application for Sexual Offense Prevent GPS device (스마트 보안장비와 성범죄 예방 GPS 애플리케이션)

  • Kim, Dong-Je;Jo, Sung-Gu
    • Korean Security Journal
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    • no.33
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    • pp.27-49
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    • 2012
  • "Do not ask crimes", such as "child sexual abuse" and according to the known through media reports, the people's fear and worry increasingly severe become and the damage increasing day by day and is Still unable to find effective countermeasures that national security policy is a reality. In this study, the result was the development of new security equipment for the purpose of the research team to the solution of the problem of domestic policing these sexual offenses prevention of GPS applications and existing smartphone to suit the era of 20 million development in the online and offline sales and is proposed to complement the problems of the samdanbong multifunction smart samdanbong. First, the function will be applied according to the trend due to the increase of heinous crime, both online and offline sales surge in self-defense products that are being sold on the market, finding problems samdanbong of smart multifunctional smart samdanbong the actual crime and the corresponding effective products were planning to have a secure management system, through a legal review on the current law. Second, sexual offenses, such as Internet use, travel, residential location, and management of sexual offenses Felon Felon's daily life strictly sexual offenses prevention of GPS applications to the characteristics of the sexual offenses scrutinized nearly enough to the frequency of recurrence of 50% is high, look at the case of foreign proposed the streets of sex offenders and the development of applications that can be checked in real-time by considering the basic characteristics to manage.

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Plans for Improvement of the Airspace Structure (공역체제 개선계획)

  • Kim, Chang-Seop
    • The Korean Journal of Air & Space Law and Policy
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    • v.12
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    • pp.144-177
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    • 2000
  • Our nation have several procedures and law for national airspace management, however those procedures and law not enough to manage airspace. Therefore, I have studied this paper for improving flight safety and for providing economics flight of civcil aircraft and military aircraft, also, for increasing efficiency of airspace through systematic airspace management, additionally, for improving nation defense ability and for preventation our nation damage when occuring airspace problem. Nowaday. in using airspace. two theory which freely use theory and use theory under jurisdiction is opposed by every nation in worldwide. Consequently. we can realize every nation endeavour to increase their jurisdiction airspace. However. our nation is not still prepared to cope with other nation when occuring airspace trouble. because airspace definition is not prescribed on our aviation law. Therefore. several problems which are improved in our airspace management are presented on this paper. The presented matters are as follows. First, The airspace definition is not prescribed on aviation law and responsibility limit of airspace management is ambugious. Second. problem on structure of approach control area and special airspace, Third. problem on airway system. Fourth. civil agency and military agency apply respectively different regulation in establishment of aircraft flight route, To grasp these problems, considered the airspace conception, airspace classfication. legal character of airspace. our nation airspace state and management together with other nation airspace state and management. also compared our nation airspace management with other nation airspace management. And. improvement methods to solve problems which was appeared by comparing and analysis are presented on this paper.

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A Study on the Responsibility Judgment and Mental Disorder of Criminal Psychology (책임능력판단에 관한 범죄심리학적 이론과 정신장애 항변 연구)

  • Rim, Sang-Gon
    • Korean Security Journal
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    • no.10
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    • pp.293-322
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    • 2005
  • The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

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Comparative Analysis of Protective Security Units of Korea, the U.S., and Japan (한·미·일 국가원수 위기관리제도의 분석을 통한 비교 고찰과 시사점)

  • Kwon, Hyuck-Bin
    • Korean Security Journal
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    • no.41
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    • pp.67-96
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    • 2014
  • Today each country in the world goes beyond the narrow concept of national security that was limited to national defense and ideology and are entering multi-dimensional global system mainly based on economic profits. Nevertheless, conflicts between nations due to religious and ideological reasons have brought unprecedentedly intense disputes Security services for head of states have been an important national mission in every era and society. However, they are becoming a main target for assassination and attacks by terrorists. Attacks on the head of state and other VIPs can cause aftermath ranging from war to conflict situation, political crisis, and economic loss. Therefore this study aims to draw insights by comparing protective security units of Korea, the U.S., and Japan which have different legal basis and sociocultural characteristics. Especially in South Korea, which faces difficult diplomatic stance due to the tension with North Korea and relationship with other countries such as the U.S., China, and Russia as well as polarization between classes, generations, regions, and ideologies, cohesion among members of society has weakened and hatred toward the head of state has been brought, which emphasizes the important of national security services. Therefore the study of protective security units and its operation by comparison between neighboring countries will be able to bring insights on the promotion of the security service.

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Comparison of Predicted Maintenance Costs and Actual Maintenance Cost of Military Facilities - Focused on BTL Project - (병영 시설물 수선유지비용 예산대비 실투입 비교에 관한 연구 - BTL사업 중심으로 -)

  • Lee, Don-Soo;Kim, Gwang-Hee
    • Journal of the Korea Institute of Building Construction
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    • v.17 no.5
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    • pp.473-481
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    • 2017
  • With the barracks modernization project, the Ministry of National Defense has been operating 60 projects of the 75 that have been announced. It was difficult to investigate and analyze the data in the past because data could not be obtained while it was much easier to do that since data can be obtained from private companies. With the aim of increasing the usability of the facilities, the objective of this study is to present a reasonable alternative for repair and maintenance costs by investigating and analyzing the budget and the actual expenses of repair and maintenance of military facilities for the past 3 to 5 years, and then identifying the problems with these. To accomplish this, a theoretical review of previous studies and legal grounds related to repair and maintenance costs was performed, and data on the estimates and the actual expenses data used in BTL projects carried out by private companies were analyzed. First, one of the problems was that there are some items omitted, including consumables, and these items should be included in order to secure their budget. Second, in terms of the items for divided payments, two improvements had been presented: a short-term payment plan for the operation period of 3 to 5 years and a long-term payment plan for an additional and complemented period other than the operation period. The repair and maintenance costs should be further studied at the point of time in a future when the actual data on the costs and operation period of military facilities can be secured. This study is expected to serve as empirical data that will form the basis for a reasonable calculation of the construction cost for military facilities.

Medico-Legal Consideration of Hemopneumothorax - Closing Claim Study- (${\cdot}$기흉과 관련된 의료법학적 문제에 대한 고찰 -종결된 사건을 중심으로-)

  • Bae, Hyu-Na;Cheon, Young-Jin
    • Journal of Chest Surgery
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    • v.39 no.2 s.259
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    • pp.117-126
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    • 2006
  • Background: The purpose of this study is to describe the characteristics of malpractice claims related to hemopneumothorax and to identify the causes and potential preventability of such claims. Material and Method: A retrospective study was performed by reviewing the records in the Lawnb website and Lx CD-rom: the records on closed malpractice claims involving hemopneumothorax were abstracted from the files available for analysis. The records were reviewed and were analysed to determine the etiology of hemopneumothorax, patient age, results of lawsuit and indemnity payment, underlying diseases, cause of death or complications, and the factors associated with a successful defense. Result: Seven closed claim involving hemopneumothorax were founded in the data for malpractice. Three claims were supreme court decision, one was a high court decision and three claims were district court decision. The most common cause of death was tension pneumothorax. Four of which resulted in indemnity payments. Conclusion: While malpractice claims involving hemopneumothorax were uncommon, they resulted in a high rate and amount of indemnity payments. Claims are more common in pediatric patients. In case of iatrogenic hemopneumothorax, post-procedural X-ray can improve patient outcome and is also associated with decreased indemnity risks. Informed consent is also important.

Militarization of Space and Arms Control

  • Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.443-469
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    • 2018
  • In the sixty year since the first launch of Sputnik 1, it has become impossible to consider economic, political, or scientific human life in the communication field without reference to outer space. But, there is a growing groundswell of public opinion aimed at preventing arms race in space. Therefore it is necessary to establish some institution or mechanism such a code of conduct, international law. But every nation has a different posture on the grounds of national interest, or different levels of space development, the conditions required for the successful negotiation of a comprehensive treaty are not yet ripe. It is hoped that by beginning with soft measures (TCBM, Code of Conduct) for which it is easier to secure voluntary participation it may be possible to build up to a comprehensive treaty. The participation of the Space powers (US, Russia, China) in a dialogue of mutual exchange and shared information would contribute to international peace and give a long term benefit to humankind. It is also necessary to promote partnership through regional and bilateral cooperation. We should guide and shape opinion so that more nations ratify and sign existing international legal covenants in order to contribute to the efficency of Space law. International law needs to enforce PAROS and Space Security.

An Ecosystem Model and Content Research of the Satellite Information Utilization Business (위성정보 활용 사업의 생태계 모델과 콘텐츠 연구)

  • Seungkuk Baik ;Jinhwa Roh;Hyounjoo Shim;Xuanning Zhu
    • Korean Journal of Remote Sensing
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    • v.39 no.5_4
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    • pp.1075-1084
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    • 2023
  • Satellite-derived data is collected by observing the Earth and is used in various fields such as national defense, natural disasters, location-based services, infrastructure, environment, energy, marine, and insurance. This study aims to present the virtuous cycle structure of the satellite information data industry and the business ecosystem model of the industry. As a research method, cases were collected and categorized from the following areas: literature, online, application, and content. The results show that the ecosystem model of the satellite information data industry provides an approach to content services in public and commercial areas, and develops various algorithmic technologies to facilitate content production and services at the level of complex general-purpose technologies. Second, in terms of content typology, satellite information data can be subdivided into monitoring content, urban space monitoring content, and satellite information content. Third, the consumption value of satellite content could be subdivided into informational value, environmental, social and governance (ESG) value, educational value, and content value. In order to expand the global content market, Korea will need to focus on creating an ecosystem for the satellite information industry and discovering differentiated content. It will also need to increase the popularization and accessibility of data to the general public and promote the Korean K-Satellite Information Data Industry ecosystem through government support, policy efforts, and policies such as establishing legal systems, increasing investment, and training human resources.

A Study on Reorganization of System of Assistant Police Officer (치안보조인력 제도의 개편에 관한 연구)

  • Kim, Moon-Kwi
    • Korean Security Journal
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    • no.62
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    • pp.255-276
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    • 2020
  • The mandatory police system, which plays a pivotal role in securing security and securing social safety as a security assistant, is expected to face difficulties in supplying the mandatory police manpower and securing absolute police manpower in the future according to the Ministry of Defense's abolition of the conversion service system. In this situation, this study intends to provide a concrete plan to replace the mandatory police officers as security assistants, recruiting contractors from civilians who are not military service resources or regular police officers, and using them for security assistance. More ultimately, this study goes beyond securing obligatory police to reduce or abolish mandatory police, which has been dealt with in previous studies. It aims to present the rescue and operation directions so that the police can provide quality public security services. In order to achieve the purpose of this study, this study 1) analyzes the current situation of police personnel, derives the necessity and justification of securing the police personnel or increasing the number of police personnel due to changes in security demand and security environment, and 2) After discussing the necessity and direction of reorganization, 3) deriving policy implications through analysis of foreign cases operating similar systems to derive specific plans for the introduction of security contractors for private contract workers in Korea. This study reviewed the specific operation plan and legal and institutional maintenance plan of private contract workers. In order to achieve these research objectives, this study 1) analyzes the current status of the police manpower and derives the necessity and justification of securing an absolute police manpower or increasing the manpower of the police in response to changes in security demand and security environment, and the current security aid system. 2) After discussing the necessity and orientation of reorganization of exinsting system of assistant police officer, 3) derive policy implications through analysis of foreign cases utilizing security aids similar to Korea, and 4) The specific operation plan and legal and institutional maintenance plan were presented. including security aids for private contract workers in Korea, from recruitment procedures to activities.

Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.